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Spousal Support

When a marriage ends, one spouse is often left with less income than he or she needs to maintain the lifestyle he or she was accustomed to while married. In this situation, spousal support can be sought. It is intended to ensure that, at least for a period of time, both spouses can live in a financial situation similar to what existed during the marriage. Sometimes spousal support is available on a more long-term basis in order to provide a basic expense level of assistance.

Mr. Cosenza can help you determine whether you or your spouse is entitled to temporary or permanent support. Such situations are rarely cut and dried. Mr. Cosenza has experience negotiating support arrangements that take into consideration the many factors involved. He also has experience litigating support issues.

Contact A Baton Rouge Area Spousal Support Attorney

What are the Types of Spousal Support?

There are two types of spousal support that a Louisiana court can award to a party that needs it: Interim Periodic Support and Final Periodic Support. Most people are familiar with the term “alimony”. Louisiana has eliminated the use of the term “alimony” in favor of “support”.

Unlike child support, where the amount is determined by a formula, the amount of periodic spousal support that a party may receive, both Interim and Final, is dependent upon many factors. Courts have wide discretion in setting the amounts.

Interim Spousal Support

The amount that a party receives as Interim Spousal Support is intended to provide the recipient with sufficient funds to maintain the standard of living to which they became accustomed during the marriage. Divorce, in most cases, has a dramatic and negative effect on the economics of the family. Interim Spousal Support rarely achieves its goal although it can lessen the financial shock of separation.

Interim Support terminates when the court renders a judgment of divorce. If a claim for Final Periodic Spousal Support is pending at the time the divorce is granted, the Interim Support award terminates upon rendition of a judgment awarding or denying Final Spousal support or 180 days from the divorce judgment, whichever occurs first.

Final Spousal Support

In order to get Final Periodic Support, a spouse has to prove: (1) that he or she is free from fault prior to the filing of a proceeding to terminate the marriage; and (2) that he or she is in need of support.

This type of spousal support may last for a significant amount of time, although it is subject to reduction or termination in the event of a change in the circumstances of either spouse. This kind of support usually involves payments that are less than the amount paid for interim spousal support. Its goal is to meet only the basic needs of a former spouse.

Final periodic spousal support is limited, by law, to no more than one-third of the payor spouse’s net income. Even if a former spouse can prove that he or she was without fault, an award of support is not automatic. Even if an award is made, it may not be permanent. Courts may limit the duration of an award.

Before making any award, the court must consider certain factors such as:

  • Living expenses of the parties
  • Income and assets of the parties
  • Debts the parties owe
  • The parties’ ability to earn a given wage
  • Whether their ability to work is affected by custody of children
  • How long it will take to educate or train a party to enable them to go back to work
  • The parties health and ages
Serving the Greater Baton Rouge, Louisiana Area Contact A Baton Rouge Area Spousal Support Attorney

Whether you are the spouse seeking support or the spouse that is expected to pay it, the Cosenza Law Firm can assist you in making your best case to the court. Call our Gonzales office 225-647-6644 or our Baton Rouge office 225-381-8181 or send an email to arrange a consultation.

What Our Clients Say
★★★★★
I highly recommend Louis
I hired Louis to represent me in my custody battle. From the start he was upfront and honest with me, if he said he was going to do something he did it and he never attempted to settle for anything less than what I was asking. He was not afraid to go head to head with opposing counsel which is what we ended up having to do. Thanks to Louis and his experience and knowledge of family law we won our case. I highly recommend Louis and will always use him for my future family Court needs.
Caleb
★★★★★
Brilliant Mind and Excellent Communication
I had no idea how to even look for an attorney when I found myself needing one. Mr. Cosenza is the best attorney I have encountered, and I took a lot of time finding one. He is brilliant in matters of the law. He approached my case from every angle. I am so thankful he was my attorney. I started out knowing absolutely nothing about court related matters. He answered even my smallest questions and guided me through to understand what was best for me and my children. He was excellent in communication with quick replies. He will have all of my recommendations.
Becky
★★★★★
Attorney Cosenza at his craft
My journey with Mr. Cosenza began nearly 3 years ago when I contacted him about divorce proceedings. During our initial consultation he told me exactly what to expect and we discussed cost, which I thought reasonable. After retaining him as my attorney and finalizing my divorce, things became fairly intense during the negotiation of the property settlement; yet he was relentless and tenacious. In the end, we prevailed victorious and everything came together perfectly. Attorney Cosenza always responded in a timely manner to my many calls, emails and texts. He gave clear, detailed, rational explanations of what I could expect. His work on my case has been life changing, in the best way possible. I am forever in his debt.
Sean
★★★★★
He does his very best
Working with Louis Cosenza truly helped to make my very difficult emotional and legal situation feel much more comfortable as I knew his experience and expertise was there to support and guide me. He knows the law and he does his very best to use that knowledge to represent his clients in and out of the courtroom.
Craig
★★★★★
Hands down the best experience I’ve had with a lawyer
I would like to start by saying I am from TX and my ex wife tried to file a judgment in LA. I contacted a number of lawyers that explained to me that this maybe a process that they could look into. I spoke with Mr. Cosenza with his 30 plus year of experience and he assured me this was not going to be a issue. He was very informative on the proceedings that where going to take place. He couldn’t have called it any better. There wasn’t even a need for me to travel to show in court. It is definitely worth a little extra to hire one of the best. I hope I hope won’t be needing his help again but if I do need another lawyer in LA. I won’t hesitate to contact him and he will be my lawyer again.
Michael