If you\u2019re pursuing a fault-based, Louisiana divorce because your spouse cheated on you, you may be curious about Louisiana alimony laws and how they will affect your divorce judgment. Shreveport divorce attorney<\/a> Michael J. Vergis can answer all your questions and more. Call 318-618-8129<\/a> today for a free consultation. <\/p>\n\n\n\n Alimony is also known as spousal support. Basically, alimony is monthly payments that are provided to an ex-spouse during divorce proceedings. The main purpose behind spousal support is to allow both ex-spouses to continue living the same lifestyle as they did before the divorce (except, obviously, without each other in the picture).<\/p>\n\n\n\n Spousal support is generally awarded to the spouse who doesn\u2019t make enough money to live comfortably, or for a spouse who doesn\u2019t make money at all. Spouses who end marriages that have lasted more than 10 years most commonly receive alimony payments until death, remarriage, or until a court order ceases the payments entirely. <\/p>\n\n\n\n The amount of spousal support that a spouse receives varies from state to state, but it generally depends on the several factors listed below.<\/p>\n\n\n\n It is also important to note that a judge cannot require one of the spouses to allocate more than one-third of their salary for spousal support.<\/p>\n\n\n\n There are several types of spousal support that spouses can qualify for once a marriage ends. These include:<\/p>\n\n\n\n Your Bossier City alimony attorney<\/a> can help you determine which type of alimony is most appropriate for your situation.<\/p>\n\n\n\n Only 19 states are no-fault divorce states<\/a>, which means that you can only<\/em> file for a no-fault divorce. Louisiana is one of the 31 states that allows divorcing couples to file for either a no-fault divorce or a fault divorce. But what\u2019s the difference between the two?<\/p>\n\n\n\n “Irreconcilable differences” or an “irreparable disintegration of the marriage” are the most common reasons cited by spouses seeking this type of divorce. The spouse who receives the divorce petition legally can\u2019t reject the other spouse’s petition for divorce. Before the spouse seeking divorce can apply for the petition, many states require the couple to live apart for a specified length of time.<\/p>\n\n\n\n Fault divorces, on the other hand, are much less common than no-fault divorces. Spouses may file a fault-based divorce for the following reasons:<\/p>\n\n\n\n It\u2019s important to note that merely claiming adultery is not enough evidence to file a fault-based divorce. Louisiana courts require the spouse who filed the petition for divorce to prove that the adultery that occurred is the sole reason why the marriage failed.<\/p>\n\n\n\n In fault-based divorces, many states don\u2019t require the couple to live apart for a specified period of time before someone files the petition. Additionally, the spouse seeking support can win more marital property or alimony money in some states. Because of these two factors, fault-based divorces are often the more attractive option to spouses.<\/p>\n\n\n\n But what happens when both spouses file for a fault-based divorce in Louisiana? In such circumstances, Louisiana courts will then have to decide who is less at fault. Courts then grant the divorce to whoever is less at fault, also known as comparative rectitude<\/em>. This rule was designed to solve the issue of courts refusing to grant a divorce to both parties if they were equally at fault. <\/p>\n\n\n\n Louisiana is one of only three states that have what are called \u201ccovenant marriages.\u201d The other states include Arkansas and Arizona. Covenant marriages are different from traditional marriages because both spouses vow that the marriage will last until death. Though divorce is not quite impossible, it is much more difficult to achieve than in a traditional or non-covenant marriage. In order to enter a marriage like this, Louisiana law requires the couple to sign a Declaration of Intent,<\/a> which states that the spouses:<\/p>\n\n\n\n The couple can only file a petition for a divorce or legal separation under the specific circumstances listed below:<\/p>\n\n\n\n Adultery may significantly impact spousal support in a Louisiana fault-based divorce. However, Louisiana law states that lower-income spouses can only receive spousal support if they:<\/p>\n\n\n\n Basically, the spouse who committed adultery, which is proven to have led to the end of the marriage, cannot receive spousal support under Louisiana law. <\/p>\n\n\n\n If spouses are enduring a fault-based divorce and they share minor children, courts must also decide who should provide child support. There are many factors that courts consider when it comes to deciding the appropriate amount of child support, but adultery is actually not one of them. The court\u2019s goal during divorce is to give the minor children the best life possible following a divorce judgment. This means that courts will consider each parent\u2019s moral fitness, and how it may affect the quality of a child\u2019s life. <\/p>\n\n\n\n Though adultery in and of itself is not enough to determine appropriate child custody and child support guidelines, in the case that one spouse cheated and engaged in other dangerous behavior, such as domestic violence, then a court will likely assign child custody in Louisiana<\/a> to the other parent. An experienced Shreveport family law attorney<\/a> can walk you through the specifics of your case in regard to child custody and child support in Louisiana<\/a>.<\/p>\n\n\n\n If you\u2019re seeking a fault-based divorce and want to receive appropriate alimony because your spouse committed adultery, attorney at law Michael J. Vergis<\/a> can help. With decades of experience in Louisiana family law matters such as alimony, contested divorce<\/a>, and more, Michael J. Vergis knows what it takes to handle your case efficiently and effectively. Call 318-618-8129<\/a> today for a free consultation.<\/p>\n\n\n![\"\"](\"https:\/\/www.mjvergis.com\/wp-content\/uploads\/2022\/01\/adultery-law-la-does-cheating-affect-alimony-1-1200x648.png\")
<\/figure>\n\n\n\nWhat is Alimony?<\/h2>\n\n\n\n
Factors for Determining the Appropriate Amount of Spousal Support<\/h2>\n\n\n\n
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Types of Alimony<\/h2>\n\n\n\n
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No Fault Divorce vs. Fault Divorce<\/h2>\n\n\n\n
No-Fault Divorce<\/h3>\n\n\n\n
Fault Divorce<\/h3>\n\n\n\n
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<\/figure>\n\n\n\nWhat is a Covenant Marriage in Louisiana?<\/h2>\n\n\n\n
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How Cheating Affects Alimony in Louisiana<\/h2>\n\n\n\n
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How Adultery Affects Child Custody and Child Support in Louisiana<\/h2>\n\n\n\n
Call Attorney Michael J. Vergis Today<\/h2>\n\n\n\n