If I Remarry Will it Affect My Alimony in Louisiana?
Divorce can be an incredibly difficult time for anyone. In fact, depending on the relationship and the length of time you were married, divorce can be a jarring experience leaving individuals to deal with significant financial burdens when the marriage is over. For these reasons, determining alimony following a divorce is extremely important.
When a couple gets divorced, the court may grant alimony to one of the former spouses in order to help them get through this challenging point in their life. However, what makes this situation so complicated is that there are many gray areas when it comes to receiving alimony in Louisiana. Fortunately, with the help of an experienced family law attorney, you can get the legal help you need during this stressful time and fight for the support you deserve. In this blog post, we will go into detail explaining what alimony is, what happens to alimony if a spouse gets remarried, and how a knowledgeable family law attorney can help you through the whole process.
What Exactly is Alimony and How is it Determined?
Alimony is a court-ordered payment awarded to a spouse or a former spouse within a divorce agreement or a separation agreement. The rationale behind alimony is to provide financial support to the spouse who makes a lower income or no income at all. However, some other key takeaways of alimony include the following:
- Alimony is spousal support intended to make sure that the spouse or former spouse is able to continue the lifestyle to which they are accustomed to after the divorce.
- Alimony is often awarded to former spouses of long-term marriages (over ten years) and will stop upon remarriage, court order, or death.
- Alimony that is not paid or kept up with may result in civil or criminal charges.
In general, the amount of alimony that can be awarded to a former spouse will depend on several factors, including:
- How long the marriage lasted
- The current or potential income of each of the partners in the marriage
- The paying spouse’s ability to pay the alimony
- The age, health, and physical capabilities of each of the spouses
- Each spouse’s earning ability
- Each spouse’s comparative financial resources
- Whether either spouse has an excessive gambling or spending problem
When it comes to taxes, these payments are a form of taxable income for the alimony receiver. In comparison, for the payer, these alimony payments are deductible expenses. It is also essential to realize that alimony cannot be discharged through bankruptcy, and it should not be mistaken for child support payments. Instead, alimony payments are specifically meant to support the former spouse, while child support payments are intended to support children from a dissolved marriage.
The Different Types of Alimony in Louisiana
In Louisiana, alimony is referred to as “spousal support,” and there are two different types. The first spousal support is called “interim spousal support,” which means alimony pending litigation. This support is awarded to the spouse who does not have sufficient income for their well-being during the divorce process. This type of support is meant to help both spouses maintain their lifestyle and living conditions to a reasonable extent. This interim spousal support ends when the court makes a final judgment about spousal support or 180 days after the divorce is finalized, whichever comes first.
The second type of spousal support is called “final periodic spousal support.” This support refers to the court’s final judgment regarding spousal support. With final periodic spousal support, the paying spouse must pay support based on any agreed-upon terms in the support order and will only end when necessary, if the ex-spouse dies or if the ex-spouse remarries another person.
Remarriage and Alimony in Louisiana
According to Louisiana laws, alimony ends automatically when the spouse receiving support remarries. However, this does not apply to the paying spouse. If the paying spouse remarries or gets into another relationship, the alimony does not stop. In fact, alimony payments cannot be modified due to the paying spouse’s remarriage, even if the new relationship comes with children being born or new household expenses. The ex-spouse’s obligation to continue to make payments will be pursued unless there is a continuing and significant change in the income of the paying spouse that prevents them from being able to pay.
Cohabitation and Alimony in Louisiana
Cohabitation is often defined as an arrangement where two people who are not married live together. Typically, this couple is often involved in a sexually intimate or romantic relationship on a long-term basis. When it comes to cohabitation and alimony in Louisiana, it is important to understand that cohabitation terminates alimony when the court finds that the supported spouse is cohabiting with another individual and living together on a conjugal and continuing basis.
Get the Legal Help You Need When it Comes to Your Alimony- Contact Betsy A. Fisher, LLC Today
If you are going through a divorce, the situation may seem incredibly overwhelming and complicated. However, when you work with the experienced law firm of Betsy A. Fisher, we can ensure to provide you with the legal help you need to get through this difficult time in your life and fight for the spousal support you need. Once retained, the Betsy A. Fisher firm can not only help you determine whether you are owed temporary or final spousal support but in addition, we can:
- Represent you when you are trying to negotiate an alimony amount
- Represent you when you are trying to change a prearranged alimony amount
- Represent you when you are trying to go after your partner for a negotiated amount they refuse to pay
If you are considering a divorce or want more information regarding alimony. Do not wait. Contact Betsy A. Fischer, LLC online today, or call us at 504-384-7376 to discuss your case’s circumstances and figure out what legal options are available to you.