When you and your spouse divorce, there are a significant number of financial considerations and decisions you must make. One thing you’ll need to consider is whether or not you will seek spousal support from your spouse. If you do, you may wonder how long these payments last. If this reflects your circumstances, you’ll want to keep reading to learn whether you can receive permanent alimony and why connecting with a Monroe, Louisiana alimony lawyer is crucial to protecting your best interest in these matters.
How Is Alimony Calculated?
Upon filing the divorce petition, you must determine if you will request alimony from your spouse. This helps support a financially dependent spouse when they divorce their partner. It’s essential to understand that alimony is not always granted, and when it is, the amount will depend on several factors considered by the courts.
Before granting alimony, the court will consider the following factors to determine if payments are necessary and how much they should award:
- Each spouse’s income
- The earning capacity of each spouse
- Whether or not one spouse put their career on hold to support the other
- The current job market for the dependent spouse
- Whether or not the dependent spouse would need training or education to pursue a career
- The age and health of each spouse
- Any other factor the courts deem relevant
It’s important to note that, unlike other states, Louisiana will heavily consider whether or not adultery was to blame for the divorce. If one spouse is unfaithful, they will likely be barred from recovering spousal support.
Is Permanent Alimony Ever Awarded?
In almost all circumstances, alimony is temporary. This is because it is not meant to be a permanent replacement for income but rather to supplement the dependent spouse until they are financially stable enough to earn a living wage.
As such, a judge may award interim spousal support, which is granted until the divorce is complete. Additionally, you may receive final periodic support, which is the most common type of alimony. This is awarded to help give the dependent spouse time to become financially independent.
However, in exceptional cases, permanent alimony may be awarded. Generally, this only occurs if the health or age of the dependent spouse makes it impossible for them to ever achieve financial independence.
If you and your spouse are divorcing and want to request alimony, it’s in your best interest to seek legal representation. Unfortunately, navigating this process by yourself can be incredibly complex, so doing what you can to protect yourself and receive the funds you need to help you become financially independent is critical. At Breithaupt, DuBos, & Wolleson, LLC, our team can provide advice and guidance to help you during these times. Contact us today to learn more about how we can help you through these challenging matters.
