Louisiana Alimony / Spousal Support Estimator

Louisiana has no formula for calculating spousal support. Under Civil Code Article 112, judges use discretion based on statutory factors including each spouse's income, earning capacity, financial obligations, marriage duration, and health. Final periodic support is generally capped at one-third of the paying spouse's net income, though courts may exceed this cap in domestic abuse cases.

Louisiana provides two types of spousal support: interim and final periodic. Interim support under Article 113 maintains the lower-earning spouse's standard of living during divorce proceedings, while final periodic support under Article 112 provides longer-term assistance after the divorce. Interim support does not require a showing of fault, but final support requires the requesting spouse to be free from fault.

Interim spousal support terminates 180 days after the divorce judgment, though judges may extend it for good cause under Article 113. Final periodic support has no fixed duration — courts determine the length based on factors like the marriage's duration, the recipient's need for job training, and earning capacity. Longer marriages generally result in longer support periods, but there is no statutory formula tying duration to marriage length.

Under Civil Code Article 112(B), Louisiana courts weigh multiple factors: income and means of both parties, financial obligations, earning capacity, the effect of child custody on earning ability, time needed for education or training, health and age, duration of the marriage, and any history of domestic abuse. The court considers the totality of circumstances rather than applying a mathematical formula.

Louisiana allows modification of final spousal support when either party demonstrates a material change in circumstances, such as a significant increase or decrease in income. Support terminates automatically upon the recipient's remarriage or death, or if the recipient cohabits with another person in the manner of married persons. Under Article 116, both parties can also modify or waive support through an authentic act signed before a notary and two witnesses.

Adultery is a complete bar to receiving final spousal support in Louisiana. Under Article 112, the requesting spouse must be free from fault prior to filing for divorce — adultery, abandonment, and abuse all qualify as fault. Conversely, if the paying spouse committed adultery, the innocent spouse receives a legal presumption of entitlement to support under Article 112(C), shifting the burden of proof.

For spousal support orders issued or modified after December 31, 2018, alimony payments are not tax-deductible for the payor and not reportable as income by the recipient under the Tax Cuts and Jobs Act (Public Law 115-97). Orders finalized before January 1, 2019 that have not been modified still follow the prior rules allowing deduction and income reporting. Louisiana state tax treatment follows the federal rules.

Louisiana law permits waiving or limiting final periodic spousal support in a prenuptial agreement, but interim support during divorce proceedings cannot be waived. The prenuptial agreement must meet Louisiana's strict formal requirements, including proper signatures and acknowledgment. Under Civil Code Article 116, parties may also waive final support after divorce through an authentic act — a document signed before a notary and two witnesses.