What are the biggest myths about spousal support?

On Behalf of Schnaars Law Firm, LLC

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Dec 19, 2024

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Spousal Support

Many divorcing couples misunderstand spousal support, also known as alimony. Myths about who receives support and how courts calculate it can create confusion.

Understanding and debunking these myths can help you know what to expect from your divorce.

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Myth 1: Spousal support is guaranteed in every divorce

Many believe spousal support is automatically granted in divorce cases. In Louisiana, courts award support based on financial need and ability to pay. The spouse requesting support must demonstrate a genuine need, and the other spouse must have the ability to provide assistance.

Myth 2: Spousal support lasts forever

Another common myth is that spousal support always continues indefinitely. Louisiana law provides for temporary support during divorce proceedings and final periodic support, which is often limited in duration. Long-term support is rare and typically reserved for marriages of significant length or cases involving unique circumstances.

Myth 3: Only one spouse’s income matters

Calculating spousal support involves analyzing both spouses’ financial situations. Louisiana courts consider income, expenses, and assets to determine an appropriate support amount. Factors such as the standard of living during the marriage and earning capacity also play a role.

Myth 4: Fault in the marriage has no impact

Louisiana is one of the few states where fault can influence spousal support decisions. If one spouse’s misconduct, such as adultery, contributed to the divorce, they may be disqualified from receiving final permanent periodic spousal support.

Debunking misconceptions for a clearer understanding

Spousal support decisions depend on various factors, including financial need, earning capacity, and marital contributions. By separating myths from facts, individuals can better understand how Louisiana courts address alimony and ensure fair outcomes that meet the specific circumstances of each case.