What is Spousal Support?

Before January 1, 1998, support paid by one spouse to another after the filing for divorce was called alimony. Effective January 1, 1998, Louisiana's law changed and the obligation is now called spousal support. Spousal support can be either interim or final.

Interim spousal support is usually paid from the time of filing for the divorce until the day the divorce is granted; however, the Court can now extend interim spousal support for 180 days beyond the date the divorce is granted. Final spousal support is paid after the Court has a hearing on fault for the break up of the marriage and cannot exceed one-third of the payor spouse's net income. Interim spousal support will cease at the time of determination of fault. Additionally, the obligation of spousal support ends upon the remarriage of the receipient spouse, the death of either spouse or when a court determines that the receipient spouse has "cohabited with another person of either sex in the manner of married persons" or determines that it is no longer necessary.

Like child support, the failure to pay court ordered spousal support may subject that the payor spouse to contempt of court proceedings. Contempt proceedings may result in a jail sentence, fines, orders to pay the other spouse's attorney's fees and court costs, and/or suspension of licenses, including driver's licenses, hunting or fishing licenses, or even professional licenses, such as the license to practice law or medicine.