Spousal support is determined by a court and calls for divorce lawyers to evaluate several different variables. These factors are mostly laid out in Article 112 of the Louisiana Civil Code, which makes a distinction between two types of spousal support: interim and permanent. Interim spousal support is calculated for the period during which the divorce is pending, and sometimes for a few months after. This article focuses on permanent spousal support, describing five factors key to Article 112 through a hypothetical example. Continue reading?
Consider Rob and Jennifer. They were married for 25 years. In their early life together, Jennifer worked as a secretary and Rob as an entry level salesperson. Afterwards, Rob met with considerable success selling computer software to divorce lawyers. He earned enough to get Jennifer out of her job. After leaving her secretarial spot and not looking for another one, Jennifer looked mostly to Rob for their living expenses and entertainment. When she thought about going back to work, Rob usually said: “Ah, cultivate your hobbies–I am the breadwinner.”
After 25 years, both of them hired divorce lawyers. Jennifer would like to request spousal support. In examining whether a Louisiana court would give her spousal support under Article 112, a variety of related aspects are evident. In light of their long marriage, Jennifer and Rob are likely to be older. This might impede Jennifer’s opportunity or ability to receive training and instruction in new work. She has been a housewife for over two decades, but when she left work at Rob’s request further entwined things. Both the length of the marriage and the time required for her “to achieve appropriate education, training, or employment” are considered by Article 112. If they were younger and Jennifer was in a better position to start a career, the situation might be different.
In calculating spousal support, divorce lawyers will also examine Rob’s ability to pay support. If Rob continues to make substantial income in sales, he can afford to support Jennifer as well. Note further that, regardless of his total earnings, Rob cannot be ordered to pay more than one third of his income as spousal support to Jennifer.