When two spouses get divorced, there are many things that must be considered before the marriage is legally over. One thing that is often misunderstood is how alimony payments function. Often, people assume that spousal support is solely based on the financial needs of their former partner. While this is a factor, other elements will also be considered when determining an amount. Keep reading to learn what will be considered and how a Monroe, Louisiana alimony lawyer can help represent you during a divorce.
What Is Alimony?
When a couple divorces, one spouse may be financially dependent on the other. As such, the more secure spouse will pay alimony, or spousal support, to their ex. This often occurs in instances where one spouse is a stay-at-home parent. These are often monthly payments that will continue for a period of time. In general, permanent spousal support in Louisiana is rarely awarded.
What Factors Will the Judge Consider When Determining Payments?
Many assume the courts will only consider the financial status of a spouse when determining how much one spouse should receive. This is far from the truth, as there are a considerable number of factors a judge will take into consideration when ordering payments. As such, each case is unique. Because each couple has different circumstances, it can be challenging to estimate how much you will be ordered to pay your spouse.
Generally, a guide will take the following into consideration:
- The standard of living the couple had while married
- Each spouse’s financial obligations
- How old each spouse is
- The ability of the spouse to pay support to the other
- The earning capacity of the dependent spouse, including their education and previous work history
- How much each spouse contributed to the marriage, both financially and domestically
It’s important to note that Louisiana considers adultery when ordering spousal support. If you can prove that your financially dependent spouse cheated or had an affair, and that’s the reason for your divorce, they will likely be barred from receiving compensation.
What Should I Do if I’m Getting a Divorce?
If you are the breadwinner of your marriage and you and your spouse are divorcing, it’s in your best interest to contact an attorney as soon as possible. Not only can they help you navigate the complexities that could arise during the divorce process, but they can also fight to ensure the alimony you must pay is fair.
When you need assistance, Breithaupt, DuBos, & Wolleson, LLC, is ready to help. Our dedicated legal team understands that these are complex times. As such, we will do everything possible to help ensure you are treated fairly during this process. Contact us today to learn how we will fight for you.
