Divorce Lawyer: Understanding Louisiana Spousal Support

Aug 28
21:22

2011

Will Beaumont

Will Beaumont

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Spousal support is something often sought for in Louisiana, but can be difficult to get. Here are some cases illuminating the law.

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It is important to know,Divorce Lawyer: Understanding Louisiana Spousal Support Articles that an obligor cannot pay more than one third of his net income in spousal support.  Also parties can contract post-divorce alimony.  When interpreting such contract, courts look to its clear language as well as the intent of the parties at the time of its execution.  This serves has protection for both parties.

To use a case as an example, in Cason v. Cason, a former wife filed an appeal from the trial court, which ruled that she was not entitled to additional spousal support in an amount sufficient to maintain her in the former matrimonial domicile now owned by her parents.  The trial court’s judgment required the former husband to pay $450 a month directly to his former wife in addition to paying her utility bills, including her cable and security expenses.  Both parties agreed that the former wife would reside in the matrimonial domicile.

After the ex-husband was paid off, the former wife’s parents took out a loan and purchased the matrimonial domicile.  The former wife petitioned for additional spousal support asserting that it was costing her parents to pay the insurance, mortgage, and property taxes.  The former wife testified that she was to pay her parents $650 per month in rent. The ex husband understood his judgment to have included a renegotiation clause should the ex wife’s financial debt to change.

The trial court found that there was no basis for the ex husband to pay an additional $650 in spousal support.  As a result, the ex wife filed an appeal to the Louisiana Court of Appeal for the Second Circuit.  In her appeal, she asserted that the ex husband should be bound by his contractual agreement to maintain her in the domiciliary home.  She further argued that the court should uphold the contract rather than viewing it as an Article 112 issue.  Although Louisiana jurisprudence allows parties can contract post-divorce alimony, the interpretation of such contract must consider the common intent of the parties.  Here, the ex wife believed that the contract required the ex husband to pay spousal support sufficient to maintain her living in the matrimonial domicile even though the parties have partitioned their community property and the home is now owned by the wife’s parents.

The appellate court did not believe the contract required such a thing.  Additionally, the contract stated that the parties had the right to renegotiate spousal support in the event the home sells.  As such, the appellate court found that there was no agreement that the ex-husband would pay anything more after the sale of the house. It simply stated that they had the right to renegotiate.  Considering the language in the contract and the intent of the parties at the time of the contract’s execution, the appellate court affirmed the lower court’s decision denying the ex-wife’s petition for an increase in spousal support.

Will Beaumont practices law out of New Orleans, La, and he wishes that this article be viewed strictly as informational.  If you need legal advice, contact an attorney directly.