Responsive Covington Alimony Lawyers Help Ease The Financial Burden Of Divorce
A knowledgeable legal team that cares about you
In some situations, one former spouse may be ordered to pay the other alimony, either on a temporary or permanent basis. Alimony is based upon the receiving spouse’s short- and long-term need for financial support. But in Louisiana, alimony eligibility requires proof that the receiving spouse was not at fault, which can be a difficult determination. The dedicated divorce lawyers at Michael D. Conroy, PLC in Covington and Metairie can help you achieve a just result whether you are seeking or opposing alimony.
Temporary and permanent alimony
Both parties have the right to request temporary support – also called alimony pendente lite (which means alimony pending litigation) – as the divorce proceeds, with the expectation that a firmer arrangement will be reached with the final divorce decree. Generally, the amount of temporary spousal support ordered is based on the couple’s previous standard of living.
Permanent alimony, also called post-divorce spousal support, prioritizes financial need and the capacity of the recipient to earn a living now or in the near future.
How alimony is determined in a divorce
In Louisiana, courts may award alimony, also called spousal support or maintenance, to be paid from one spouse to another to help the recipient maintain a similar standard of living to what was experienced during the marriage.
Key factors in determining the amount of alimony include:
- The income and means of the spouses, including the liquidity of such means
- The financial obligations of the spouses
- The earning capacity of the spouses
- The effect of child custody upon a spouse’s earning capacity
- The time necessary for the supported spouse to acquire appropriate education, training, or employment
- The health and age of the spouses
- The duration of the marriage, and
- The tax consequences to either or both spouses
Alimony may either be paid on a monthly basis, not to exceed one-third of the paying spouse’s income, or as a lump sum.
How a spouse’s fault affects alimony eligibility
One of the most significant factors in determining alimony in Louisiana is fault. A spouse is not entitled to permanent alimony if he or she is at fault for the dissolution of the marriage through actions like adultery, abandonment, or physical and sexual abuse. For instance, if the court determines that a spouse committed adultery that contributed to the divorce, it will not award any alimony to that spouse in the divorce decree.
Taking action for refusal to pay
We see many situations in which a former spouse ordered to pay alimony refuses to do so. If this is the case, we can help pursue the money owed to you through an earnings assignment order, which requires the payer’s employer to provide the necessary funds directly. This is basically a form of wage garnishment, in which the money bypasses the delinquent payer and goes directly to the individual who is supposed to receive it. We may also ask that the payer be held in contempt of court for knowingly ignoring a spousal support order.
A reputable family law firm serving Mandeville and Metairie
Obtain the advice of a knowledgeable attorney to assist you in any dispute over spousal support in Louisiana. At Michael D. Conroy, PLC, our dedicated lawyers proudly serve clients in Mandeville, Metairie, Covington and the surrounding areas. To arrange a consultation, call 985-606-3885 or contact us online.