Fault and Need for Louisiana Spousal Support
Louisiana awards final periodic spousal support to a spouse who is in need, based on needs and the other spouse’s ability to pay, and who was free from fault before the petition was filed; certain divorces and domestic abuse create a presumption of entitlement.
The rule
In a proceeding for divorce or afterwards, the court may award interim periodic support to a party, or final periodic support to a party who is in need of support and who is free from fault prior to the filing of a proceeding to terminate the marriage (Civil Code art. 111). Article 112(A) repeats it: a spouse who has not been at fault prior to the filing of the petition and is in need of support, based on that party’s needs and the other party’s ability to pay, may be awarded final periodic support.
Need and ability to pay
Need is measured against the claimant’s own income and resources, and ability to pay against the other spouse’s means and obligations. The Louisiana alimony calculator builds a ceiling from both.
The presumption
A spouse who is awarded a divorce on the grounds in Article 103(2), (3), (4) or (5), or the party the court finds, or whose child it finds, was the victim of domestic abuse committed by the other party during the marriage, is presumed to be entitled to final periodic support (Civil Code art. 112(C)).
If you are at fault
A spouse who was at fault before the petition cannot receive final periodic support, but can still ask for interim spousal support, which looks at needs, ability to pay, child support and the standard of living (Article 113).
Evidence to gather
Budgets for both households, income records, and evidence on who, if anyone, was at fault before the petition was filed, including any domestic abuse.
Questions to bring to an attorney
Ask how fault would be proved or defended on your facts and whether the presumption applies to you.
Next steps
See the factors and the one-third cap for how the court sets the amount and duration.
Frequently asked questions
Can an at-fault spouse get spousal support in Louisiana?
Not final periodic support, which requires freedom from fault prior to the petition; interim support is based on needs and ability to pay.
Who is presumed entitled to final support in Louisiana?
A spouse awarded a divorce under Article 103(2), (3), (4) or (5), or a victim of domestic abuse during the marriage.
What does “in need of support” mean in Louisiana?
Need based on that party's needs and the other party's ability to pay.
Can either spouse get spousal support in Louisiana?
Yes. The articles speak of a spouse or party.
Does domestic abuse matter for Louisiana spousal support?
Yes. It creates a presumption of entitlement, is a factor and lifts the one-third cap.
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.