Divorce Lawyer – Explaining Obligor and Obligee Spouses in Louisiana

Mar 12
07:27

2012

Will Beaumont

Will Beaumont

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Spousal support is one of the most controversial areas of family law in Louisiana. This article attempts to explain more about spousal support.

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The sphere of a family law covers a broad spectrum of topics.  Many readers may probably guess that things such as paternity,Divorce Lawyer – Explaining Obligor and Obligee Spouses in Louisiana Articles filiation, and child custody are typically included in a divorce lawyer practice.  Sometimes people assume that these topics are fairly straightforward when that is not always the case.  Today we will take a look at the interworking of one particular realm of family law: spousal support.
Many people know “spousal support” by its other name: alimony.  The general idea is that one spouse may find themselves in a situation where they owe the other spouse money, because the other spouse has been dependent on them for the duration of the marriage. That said, spousal support is by no means a free handout; it does not divest to the spouse “in need” automatically without some review.
There are two types of spousal support: interim and final.  The former type is for the spouse in need during and briefly after the end of the marriage proceedings, while the second type is for the spouse moving forward into the future.  Interim support will typically terminate after the final support award is granted. There are some things which prohibit a spouse in need from having the right to receive spousal support, such as an act of infidelity during the marriage.  There are also ways for a divorce lawyer to terminate spousal support after it has already been granted: if the spouse receiving the money gets remarried, dies, or begins living with another individual “in the manner of married persons.”  A spouse receiving money may also voluntarily refuse spousal support.
A divorce lawyer may term the spouse paying the support the “obligor spouse” and the spouse who is receiving the support is called the “obligee spouse.”  There are various factors which a court will consider when determining how much the spousal support award will be.  Generally things like the ability of the obligor spouse to pay, the needs of the obligee spouse, and also the general lifestyle of the parties while they were married will be considered.  Other relevant factors include: the age and health of the parties, the duration of the marriage, the total income and liquidity of the obligor’s income, child custody concerns, the ability of the obligee spouse to seek training and employment, and tax considerations.  In any event, the total amount of money which the obligor spouse will owe cannot be more than one third of his or her income.
As previously noted, there are some general conclusions which a divorce lawyer may draw from spousal support in Louisiana.  Older couples, where a history of dependence has developed over many years, will arguably have a better chance of receiving spousal support than a younger couple.
Will Beaumont practices law in New Orleans and Metairie.  The above is just information and not legal advice.