A divorce lawyer is often faced with the task of either giving one spouse final spousal support or defending another spouse from having to pay final spousal support. But the question the attorney faces is why a spouse is entitled to get this from a legal perspective. The second question is what the chances are that the spouses will have to either pay or be able to receive this. The way to look at these two questions, however, is as one. This means that the law is wrapped up as part of what are the odds of getting it insofar as the long can make it difficult to get this type of award or be faced with having to pay this award.
To examine the law first: in Louisiana, final spousal support generally hinges upon three things. The first is the needs of the party requesting the support, the second is the ability to pay to support, and the third is whether the spouse who is requesting the support was not at fault for the break of the marriage. Generally, the fault issue is dealt with first by a divorce lawyer and so it will be important for a court to determine that the spouse was not at fault for breaking the marriage in order to consider the next two questions. Fault is a fact-based question for the court to determine.
The next two questions are whether the spouse has the ability to pay and whether the other spouse is in the period so, if a spouse has a disability and cannot work in the marriage was a 30 year marriage and is no longer able to earn sufficient funds in order to make their ends meet and be able to pay all their bills, a divorce lawyer could be successful in getting this spouse support provided that the spouse is free from fault and the other spouse and pay however, if this spouse is able to work or has some other form of income, the argument could become much more difficult without other factors to consider.
Another thing to consider is the amount of assets that that spouse receives as far as a community property settlement. For example, if a spouse has a disability or are there other otherwise unemployable, but they receive tens of millions of dollars as far as a property settlement it could be very hard for the divorce lawyer to win the argument that spouse is still in need. However, if the spouse receives no assets and still has a disability and otherwise does not have any other support, the argument can become much easier.
The final thing a divorce lawyer should consider is the other spouse’s ability to pay spousal support and that also how much that spousal support will be. There are a number of factors in determining the amount of spousal support that the other spouse will have to pay. And these are listed in the civil code of Louisiana.
Because there are a number of hoops to jump through in order to get spousal support it can be a challenge for divorce lawyer to succeed. This does not mean that you should not question your attorney as to whether you will be entitled to this or whether you will have to pay. It just means that there will be a number of considerations that need attorney will have to go through with the court in order for it to be granted.
Will Beaumont is a New Orleans attorney. This article is not legal advice and is only informational.
Speaking with a divorce lawyer New Orleans may be beneficial if you are seeking spousal support. One may be available at Beaumont Divorce, 3801 Canal St #207, New Orleans, LA, 70119 (504) 483-8008 or Beaumont Divorce of Metairie, 3814 Veterans Memorial Blvd #302, Metairie, LA, 70002 (504) 834-1117.
- Divorce Lawyer: The Requirements of Final Spousal Support in Louisiana
- How a Divorce Attorney May Modify or Terminate Final Spousal Support in Louisiana
- Interim Spousal Support from the View of a Louisiana Divorce Lawyer
- Divorce Lawyer: Understanding Louisiana’s Fault Standard for Spousal Support
- Divorce Lawyer Goes Through Louisiana Spousal Support