The Factors and the One-Third Cap in Louisiana
A Louisiana court weighs nine factors, including income, obligations, earning capacity, custody, training time, health, the length of the marriage, taxes and abuse, and may not award more than one-third of the obligor’s net income except in abuse cases and some fault-based divorces.
The factors
The court considers all relevant factors in setting the amount and duration of final support, including (Civil Code art. 112(B)): (1) the income and means of the parties, including the liquidity of such means; (2) the financial obligations of the parties, including any interim allowance or final child support obligation; (3) the earning capacity of the parties; (4) the effect of custody of children on a party’s earning capacity; (5) the time necessary for the claimant to acquire appropriate education, training or employment; (6) the health and age of the parties; (7) the duration of the marriage; (8) the tax consequences to either or both parties; and (9) the existence, effect and duration of any act of domestic abuse committed by the other spouse upon the claimant or a child of one of the spouses, whether or not it was prosecuted.
The one-third cap
The sum awarded may not exceed one-third of the obligor’s net income (112(D)). With net income of $6,000 a month, the most that can be awarded is $2,000 a month.
When the cap lifts
When support is awarded after a divorce is rendered under Article 103(4) or (5), or when the court determines that a party or a child of one of the spouses was the victim of domestic abuse committed by the other party during the marriage, the sum may exceed one-third of the obligor’s net income and may be awarded as a lump sum.
Duration
The statute sets no maximum term. The duration comes from the factors, such as the time needed for retraining and the length of the marriage.
Evidence that helps
Pay records for several years, medical information, school or training plans and evidence of the effect of custody on work.
Questions for the negotiation
Decide the amount, the duration and what happens if the cap lifts, because a lump sum is available only in the cases the article lists.
Try the calculator
The Louisiana alimony calculator takes the lower of the shortfall, the ability to pay and the cap.
Frequently asked questions
What factors does Louisiana consider for spousal support?
Nine: income and means, financial obligations, earning capacity, the effect of custody, time for training, health and age, the length of the marriage, taxes and domestic abuse.
What is the maximum Louisiana spousal support?
One-third of the obligor's net income, except in domestic abuse cases and certain fault-based divorces.
Can Louisiana spousal support be a lump sum?
Yes, when the cap lifts for domestic abuse or after a divorce under Article 103(4) or (5).
Is there a time limit on Louisiana final support?
The statute sets none; the court decides the duration from the factors.
Do taxes matter for Louisiana spousal support?
Yes. The tax consequences to either or both parties are a listed factor.
Official sources
- La. Civil Code art. 111: spousal support; authority of court
- La. Civil Code art. 112: determination of final periodic support
- La. Civil Code art. 113: interim spousal support
- La. Civil Code art. 114: modification or termination
- La. Civil Code art. 115: extinguishment of support
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Louisiana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Louisiana attorney.