Interim Support, Modification and Termination in Louisiana

By the FigureMyTax Editorial Team · How we calculate

Louisiana interim spousal support ends 180 days after the divorce unless extended for good cause; support can be modified on a material change and ends on the recipient’s remarriage, either party’s death or a judicial finding of cohabitation.

Interim spousal support

On motion of a party, the court may award interim spousal support based on the needs of that party, the ability of the other party to pay, any interim or final child support obligation and the standard of living of the parties during the marriage. It terminates 180 days from the rendition of a judgment of divorce, but may continue past that only for good cause shown, and final support does not begin until interim support has ended (Civil Code art. 113).

Modification

An award of interim or final support may be modified if the circumstances of either party materially change, and it shall be terminated if it has become unnecessary. The later remarriage of the obligor spouse is not a change of circumstance (Civil Code art. 114).

Extinguishment

The obligation of interim or final support is extinguished on the remarriage of the obligee, the death of either party, or a judicial determination that the obligee has cohabited with another person of either sex in the manner of married persons (Civil Code art. 115).

Practical points

Cohabitation ends support only after a judicial determination, so the paying spouse has to prove it in court. File a motion promptly after a material change.

Evidence to gather

The judgment, before-and-after income and expense records and, for cohabitation, evidence that the couple lives as spouses.

Documents to gather

The judgment, proof of the change in circumstances with dates and, for cohabitation, the evidence you would offer the court.

Next steps

See the factors and the one-third cap for the original award and the Louisiana alimony calculator to test the ceiling after a change.

Frequently asked questions

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

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.