When a married couple makes the decision to get a divorce, they begin a new life as separate people. In some cases, one spouse may be mandated to pay the other spousal support, commonly referred to as alimony. These payments are given to one spouse from the other for a certain amount of time to provide said spouse with financial support. The support is usually taken out from the higher-earning spouse’s paycheck and remitted to the court presiding over the divorce. The time frame for these payments can differ depending on the court’s decision to grant them.
In a proceeding for divorce or thereafter, the court may award interim periodic support to a party or may award final periodic support to a party who is in need of support and who is free from fault prior to the filing of a proceeding to terminate the marriage.
Upon motion of a party, the court may award a party interim spousal support based on the needs of that party, the ability of the other party to pay, any interim or final child support obligation, and the standard of living of the parties during the marriage. An award of interim spousal support shall terminate one hundred eighty days from the rendition of a judgment of divorce, except that the award may extend beyond one hundred eighty days but only for good cause shown.
When a spouse has not been at fault prior to the filing of a petition for divorce and is in need of support, based on the needs of that party and the ability of the other party to pay, that spouse may be awarded final periodic support in accordance with the guidelines established by law that the court must consider, which shall include: the income and means of the parties, including the liquidity of such means, the financial obligations of the parties, including any interim allowance or final child support obligation, the earning capacity of the parties, the effect of custody of children upon a party’s earning capacity, the time necessary for the claimant to acquire appropriate education, training, or employment, the health and age of the parties, the duration of the marriage, the tax consequences to either or both parties, and the existence, effect, and duration of any act of domestic abuse committed by the other spouse upon the claimant or a child of one of the spouses, regardless of whether the other spouse was prosecuted for the act of domestic violence. The obligation to pay final periodic support shall not begin until an interim spousal support award has terminated.
If you have any additional questions regarding spousal support, reach out to the legal professionals at Latiolais Law Firm. Whether you need a child support lawyer, spousal support lawyer, or another type of lawyer to guide you through the divorce process, the knowledgeable experts at Latiolais Law Firm are ready to fight for you!