New Orleans Family Law Attorney

PRENUPTIAL AGREEMENTS

In Louisiana, a prenuptial agreement, also known as a matrimonial agreement or premarital agreement, is a legally binding contract entered into by a couple before they get married or enter into a civil partnership. This agreement establishes the property and financial rights of each spouse in the event of a divorce.

Louisiana is a community property state, which means that without a prenuptial agreement, most property acquired during the marriage (except for gifts or inheritances) is considered owned jointly by both spouses and is divided equally upon divorce.

In the context of a prenuptial agreement in Louisiana, separate property typically refers to property that each individual brings into the marriage and retains exclusive ownership over. This can include things like:

1. Property owned by either spouse prior to the marriage.

2. Inheritances received by either spouse either before or during the marriage.

3. Gifts received by either spouse from someone other than their spouse, either before or during the marriage.

A prenuptial agreement can be used to confirm and identify what property is considered separate property and should remain separate in the event of a divorce. This is particularly important in Louisiana, which is a community property state. Without a prenuptial agreement, most property acquired during the marriage (aside from gifts or inheritances) is typically considered community property, owned jointly by both spouses, and divided equally upon divorce.

The attorneys at The Sunseri Law Firm, LLC strives to “Make The Complex Understandable”. If you have any question, contact The Sunseri Law Firm, LLC today to schedule a consultation.

Types of Alimony (Spousal Support) in Louisiana

There are basically two types of alimony in Louisiana:

• interim spousal support during the divorce proceeding and for a limited amount of time after the final divorce judgment, and
• final periodic support.

Be aware that the amount of interim spousal support might not be the same as the award for final periodic support. In fact, getting interim spousal support doesn’t guarantee any final periodic support. The judge will make separate decisions on both issues based on the rules in Louisiana law, discussed below.

How Do Judges Determine Alimony in Louisiana?

Unlike with child support, there’s no formula in Louisiana for calculating spousal support. Instead, judges must use their best judgment, based on the facts of each particular case. However, Louisiana law does lay out certain factors that judges must consider when they’re deciding whether to award spousal support and, if so, how much the payments should be and how long they should last. The factors and eligibility requirements are different for interim support and final periodic spousal support.

Determining Interim Spousal Support

If a spouse files a motion (written legal request) with the court seeking interim spousal support, the judge will decide on that request based on:

• the requesting spouse’s needs
• the other spouse’s ability to pay support
• any interim or final child support obligation, and
• the couple’s standard of living during the marriage.

Spouses may not receive alimony in Louisiana if they’ve engaged in serious misconduct that contributed to the breakdown of the marriage.

Eligibility for Final Periodic Spousal Support

In order to be eligible to receive final periodic spousal support in Louisiana, you must show that:

• you were not “at fault” before the divorce petition was filed
• you need the support, and
• your spouse has the ability to pay it.

Also, Louisiana law presumes that a spouse is entitled to alimony if the other spouse:

• has committed adultery
• has physically or sexually abused the requesting spouse or either spouse’s child, or has been the subject of a domestic abuse protective order issued after a hearing, or
• has been sentenced to death or imprisonment at hard labor for a felony conviction.

When a requesting spouse is entitled to this presumption, the other spouse will have to present evidence to convince the judge that alimony is not appropriate in the case.

In most cases, Louisiana law limits the amount of final periodic spousal support to no more than one-third of the paying spouse’s net income.

How Louisiana Judges Decide the Amount and Duration of Alimony

If the requesting spouse has met the initial eligibility requirements, the judge must then consider the following factors to decide the amount and duration of final periodic spousal support:

• the spouses’ income and assets, including the liquidity of their assets the extent to which they can be converted to cash)
• the spouses’ financial obligations, including any obligation to pay interim or final child support
• the spouses’ earning capacity, including the effect of the child custody arrangements on that capacity
• how much time the requesting spouse needs to gain appropriate education, training, or employment
• both spouses’ age and health
• how long the marriage lasted
• the tax consequences of alimony;  and
• whether the paying spouse committed domestic abuse against the receiving spouse or either spouse’s child, and if so, how long the abuse lasted and what effects it had.

In most cases, Louisiana law limits the amount of final periodic spousal support to no more than one-third of the paying spouse’s net income. However, a judge may award support over that limit when the paying spouse is guilty of domestic abuse. (La. Civ. Code art. 112(C), (D) (2023).)

Who Pays Alimony?

Either spouse may request alimony, regardless of gender. The judge will decide whether to grant that request based on the requirements discussed above.

Reimbursement for Contribution to Spouse’s Earning Power

Louisiana allows judges to award one spouse reimbursement for contributions to the other spouse’s education and training that led to an increase in earning power, but only to the extent that the couple didn’t benefit from that increased earning power during the marriage. Judges typically award this reimbursement in cases where one spouse worked while the other attended school, and the couple divorced shortly after the other spouse got a professional degree or license.

How Long Does Alimony Last in Louisiana?

Unlike temporary alimony in most states—which must end as soon as the divorce is final—interim spousal support in Louisiana doesn’t automatically terminate until 180 days after the final divorce judgment. Even then, the judge may extend the support if there’s a good reason for doing so. (La. Civ. Code art. 113(B) (2023).)

Any spousal support—whether interim or final—automatically ends when any of the following events happens:

• either spouse dies
• the supported spouse remarries, or
• the judge finds that the supported spouse is living with a partner in a marriage-type relationship.

Otherwise, the order for final periodic spousal support will state when the obligation ends, based on the judge’s decision about the appropriate duration of the payments after considering the circumstances (as discussed above).

How to Modify Alimony in Louisiana

Either spouse may file a motion with the court to request a modification or termination of the current alimony order. But in order to succeed, a requesting spouse prove that:

• since the existing order was issued, there’s been a material change of circumstances, meaning that the change affects the need for support or the ability to pay, or
• alimony is no longer necessary.

Unless you and your spouse have an agreement about the proposed changes, alimony modification proceedings usually involve complicated legal issues that are best handled by an experienced family law attorney.

The federal Tax Cuts and Jobs Act eliminated any tax deduction or income reporting requirements for alimony. That means the Internal Revenue Service won’t count these payments as income for the recipient, and the paying spouse won’t get the deduction.

The attorneys at The Sunseri Law Firm, LLC strives to “Make the Complex Understandable”. If you have any questions, contact The Sunseri Law Firm, LLC today to schedule a consultation.

POST-MARITAL CONTRACT

In Louisiana, a post-marital contract, also known as a postnuptial agreement, is a legal agreement made between spouses after their marriage. The primary purpose of a post-marital contract is to settle the couple’s affairs and assets in the event of a separation or divorce.

Louisiana is a community property state, meaning that generally all assets acquired during the marriage are considered owned equally by both spouses. However, a post-marital contract can change this default rule and stipulate different terms for the division of assets in a separate regime.

It’s important to note that for a post-marital contract to be valid in Louisiana, it must meet certain requirements. For instance, it must be put in writing and signed by both parties. It’s also highly recommended for each party to have their own independent legal counsel to avoid any claims of coercion or unfairness. In Louisiana, postnuptial agreements require court approval to be valid to ensure the agreement is fair and was entered into without coercion or deception.

The attorneys at The Sunseri Law Firm, LLC strives to “Make The Complex Understandable”. If you have any questions, contact The Sunseri Law Firm, LLC today to schedule a consultation.