What criteria will a court in Louisiana rely on to determine my entitlement to alimony and the amount I should receive in?

I am a full-time nurse seeking a divorce from my husband; I filed for divorce in Louisiana.  What criteria will the court rely on to determine my entitlement to alimony and the amount I should receive in?

Answers (1)

Lousiana courts consider the following factors in deciding an award of alimony and its amount:

  1. The age and health of the parties and their duties to care for or support dependent children;
  2. The time needed for the recipient to obtain appropriate employment, training, or education;
  3. The impact of custody of children of the marriage on the spouse's earning capacity;
  4. The spouses' financial obligations, including their earning capacity;
  5. The liquidity of such assets;
  6. The assets, means, and income of the spouses; and
  7. Any other circumstance that the court considers pertinent.

The amount of alimony awarded cannot exceed one-third of the obligor's net income.  The court awards permanent alimony for the purpose of providing a spouse in need with adequate means of support.  To qualify for permanent alimony, the petitioning spouse must prove insufficient means for his or her maintenance or necessitous circumstances.

 

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