ASSETS AND ALIMONY
“She left me for someone else - she shouldn’t get a dime!”
Unfortunately, that’s not how it works. It may be difficult to comprehend that even if one person's actions cause the end of a marriage, they may still be entitled to receive assets and spousal support from the other party.
When someone walks into Hogan Attorneys and tells us their spouse left them for someone else, we see the hurt, anger, and devastation. They're usually so upset that all that they can think of is revenge. It’s hard to get them to focus on the law and what their rights and responsibilities are.
Our job, as divorce attorneys, is to do the best for our clients and their family. We explain the law and discuss what happens in Court. We explain not just the law and Court orders, but the effect on the entire family. Once we can get our clients to focus, we discuss the issue of the other spouse's fault.
Louisiana law allows the Judge to consider adultery in only three contexts:
Divorce
Final periodic (long-term) spousal support
As a factor in custody cases
Adultery has no relevance in community property or interim (short-term) spousal support or alimony payments.
Your spouse could commit adultery or even heinous crimes and still be entitled to one-half of the net community property and interim spousal support. The divorce settlement can also lay out what each party is to receive including an award of alimony.
The community property is partitioned without considering fault. The Court takes the assets' value and subtracts the debts to come up with a net community. This is then divided by two to determine what each party should receive.
The Court then divvies up the assets and the debts, trying to be equal. The Court orders the party who receives the majority of the net assets to pay an equalizing sum to the other party so that each person receives one-half of the net estate. Fault is not an issue.
In interim spousal support, the party who has more income may be required to pay certain bills or an amount to the other party so that the style of living of the parties is maintained for a short time pending the divorce and possibly for six months after the divorce. These support payments are sometimes called spousal maintenance. The length of the marriage is not an issue. And, fault is not an issue.
However, when one spouse seeks long-term spousal support or alimony after divorce, they are requesting final periodic spousal support.
This is very different from the interim spousal support discussed above.
The party requesting final periodic spousal support has to prove three things:
They are entirely free from fault in the breakup of the marriage.
They need the support (and can’t earn enough to support themself).
The other party has the ability and means to pay the final support.
So, while adultery can be a factor in determining whether or not a spouse is entitled to alimony, it is not the only factor. The court will also consider the length of the marriage, the earning capacity of each spouse, and the needs of the spouse seeking alimony.
If you are considering divorce, it is important to speak with an attorney to understand your rights and options.
[Please Note: The information provided on this website is intended as general information provided by the Hogan Attorneys law firm. Hogan Attorneys specialize as family law attorneys in addition to criminal law and employment law. Each person's legal issues and divorce process are unique. Do not rely upon this information. If you have a particular issue that needs to be addressed, an initial consultation with a divorce lawyer or divorce attorney who understands divorce law will help you know your rights and options.]