Spousal support is required prior to divorce. Also, it’s sometimes required prior to community property settlement regardless of the fault of any party in the divorce. With Louisiana Spousal Support Lawyer Harold Weiser, we can help navigate the process.
Spousal support laws are different in each state. It is wise to seek a New Orleans Area attorney today at the Weiser Law Firm for answers to your alimony questions. Contact us to schedule an initial consultation call 504-358-2273
There are two kinds of alimony. There is alimony pendente lite, or alimony pending during the litigation (need-based more than fault-based). After the divorce is final, there is what is called permanent alimony. This is “permanent” only in that it is awarded to a former spouse in need. It is limited to an amount sufficient for maintenance as opposed to a continuation of an accustomed style of living.
The unique idea behind alimony or spousal support was that during the separation period, there may be some isolated chance for reconciliation. The law always favors and encourages reconciliation if possible. The financial worth of the spouses is a factor. The hope is that a spouse would return for the right reasons. Not merely for the financial security of marriage.
If a person files for divorce based on the other spouse having committed adultery, the adulterous spouse in that instance would very likely have to pay alimony even after the divorce. The amount of alimony would be subject to discussion and litigation and can be worked out by agreement.
Abuse, financial irresponsibility and fidelity issues can come into play to determine who is at fault. The person who is without fault in the divorce is entitled to alimony from who has fault. This is not an issue if divorce grounds are clearly irreconcilable differences.
In cases including special arrangements (e.g., one spouse supported another through medical school or stayed at home to raise the children), alimony would actually be part of the property settlement.
Our New Orleans, St. Bernard, Metairie, Jefferson Parish, and St. Tammany Parish spousal support lawyer can help you to obtain a fair alimony amount while ensuring that your rights are protected. Contact the Weiser Law Firm today.
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