Legal Question in Family Law in Louisiana
Alimony
I have a question concerning alimony in the state of Louisiana. Here is the situation:
Husband 51 $120,000/year income
Wife 35 $ 70,000/year income
Married 7 years. No children. The wife brought $7,000 into the marriage and will likely receive $450,000 cash in a settlement. Is it likely that alimony will be awarded in this case? There is no debt except for each of their vehicles. The house is paid for. She works in the medical profession.
1 Answer from Attorneys
Re: Alimony
Interim spousal support (new term for temporary alimony) is always awarded in my jurisdiction if the wife makes much less than the husband.
However, permanent alimony is based on the answer to two questions. The first is "was the person seeking alimony free from fault in the breakup of the marriage, PRIOR TO THE FILING OF THE PETITION FOR DIVORCE?" Any act by either party AFTER the petition is filed, cannot be used to determine fault in the actor for purposes of alimony.
If the party seeking alimony is free from fault, then the court must ask, "does the party seeking alimony have sufficient income/assets to provide for their basic essentials, such as bed, board, and the like. $70,000 with no children sounds like a livable income.
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