Spousal Support Calculator
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Louisiana Spousal Support Calculator

Estimate Interim & Final Support Based on Louisiana Civil Code and Case Law

Income Information

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Marriage Details

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Marriage less than 5 years?
Marriage 10+ years?
Is recipient custodial parent? ℹ️Check if the support recipient has primary physical custody of minor children from the marriage

Louisiana-Specific Factors

Fault grounds for divorce? ℹ️Check if divorce is based on fault grounds (adultery, felony conviction, abuse). Fault can affect support eligibility in Louisiana.

Louisiana Fault Grounds Impact (CC Art. 111):

  • Fault can disqualify a spouse from receiving final support
  • Adultery is a complete bar to final spousal support
  • Felony conviction may affect support eligibility
  • Domestic abuse can affect support determinations

See: Louisiana Civil Code Art. 111

History of domestic abuse by payor? ℹ️Check if there is a documented history of domestic abuse by the payor against the recipient. This creates a presumption for support and may allow awards to exceed the statutory cap.

Louisiana Domestic Abuse Rules (CC Art. 112):

  • Presumption for support: History of domestic abuse creates a presumption that the abused spouse is entitled to final support
  • Cap exception: Courts may award support exceeding 1/3 of payor's net income in cases of domestic abuse
  • Documentation: Protective orders, police reports, or medical records can establish abuse history

See: Louisiana Civil Code Art. 112

Significant community property? ℹ️Louisiana is a community property state. Check if there are substantial community assets that could affect support calculations.

Louisiana Community Property Rules:

  • Community property: Assets acquired during marriage are generally divided equally
  • Separate property: Assets owned before marriage or inherited remain separate
  • Support considerations: Division of property may affect need for support

See: Louisiana Civil Code Art. 2338-2345

Louisiana Cohabitation Rules:

  • Final support terminates upon remarriage of the recipient
  • Cohabitation may be grounds for modification or termination
  • Payor must petition court for modification based on changed circumstances

See: Louisiana Civil Code Art. 115

Needs and Resources

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Earning Capacity

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Recipient Sacrificed Career for Marriage? ℹ️Check if recipient gave up career advancement opportunities to support the marriage (e.g., relocated for spouse's job, stayed home with children)
Recipient has disability? ℹ️Check if recipient has a documented disability that limits earning capacity. May qualify for longer-term support.

Duration Factors

Maintain marital standard of living? ℹ️Louisiana courts may consider maintaining the marital lifestyle, especially in long-term marriages
Significant separate property? ℹ️Check if recipient has substantial assets not subject to division (inheritance, pre-marital assets)
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Important Legal Note: This calculator provides ESTIMATES ONLY based on common legal practices and Louisiana statutes. Louisiana has NO statutory formula for spousal support - judges have broad discretion based on statutory factors under Louisiana Civil Code Art. 112. Actual court-ordered support may differ significantly. The calculation is not legal advice. Consult a licensed Louisiana family law attorney for advice regarding your specific situation.

Louisiana Spousal Support Calculation Results

Support Type Determination

Recommended Support Type:

Primary Factors:

Monthly Support Amount

Guideline Amount:

Statutory Considerations:

Duration of Support

Recommended Duration:

Louisiana Guidelines:

Judicial Considerations

Likely Range:

Key Factors:

Disclaimer: This calculator provides ESTIMATES ONLY based on common legal practices, NOT a statutory formula. Louisiana has NO set calculation for spousal support - amounts are determined by judges considering all factors under Louisiana Civil Code Art. 112. The calculation is not legal advice and actual court-ordered support may differ significantly. Consult a licensed Louisiana family law attorney for legal advice regarding your specific situation.

Louisiana Support Case Law Examples

Marcus v. Burnett (1973)
282 So. 2d 122 (La. 1973)

The Louisiana Supreme Court established that courts must consider the needs of the recipient and the ability to pay of the obligor when determining spousal support amounts.

Adams v. Adams (1987)
503 So. 2d 1052 (La. App. 2d Cir. 1987)

The court held that a spouse found guilty of adultery is not entitled to final periodic support, affirming that fault can be a complete bar to spousal support in Louisiana.

Larson v. Larson (2002)
824 So. 2d 495 (La. App. 1st Cir. 2002)

The court clarified that a substantial change in circumstances must be shown to modify spousal support, and the change must have occurred since the original award was made.

Thomas v. Thomas (2018)
238 So.3d 515 (La. Ct. App. 2018)

The appellate court clarified that a spouse does not need to be completely "blameless" to receive support, but serious misconduct that contributes to the breakup of the marriage may disqualify them from final spousal support under CC Art. 111.

Walker v. Walker (2019)
132 N.E.3d 14 (Ind. Ct. App. 2019)

The appellate court reversed a trial court's denial of support to a spouse who had been out of the workforce for 20 years to raise children. The court ruled that the trial court failed to properly consider the spouse's contributions to the marriage and her limited earning capacity.

Modifying Support in Louisiana

Louisiana law allows for modification of support under certain circumstances. Here's the process for requesting a modification:

Grounds for Modification

Under Louisiana Civil Code Art. 115, support can be modified for:

A substantial and continuing change in circumstances
Remarriage of the recipient spouse
Payor's retirement at a reasonable age
Recipient's improved earning capacity
Disability or health issues affecting earning capacity

Modification Process

File a Petition: Submit a Petition for Modification to the court that issued the original order.
Serve Notice: Legally notify the other party using certified mail or a process server.
Gather Evidence: Collect documentation supporting the change (tax returns, pay stubs, medical records).
Mediation: Many Louisiana courts require mediation before a hearing.
Court Hearing: If unresolved, present evidence to the court for a decision.

Important Considerations

Modifications are not retroactive - they only apply from the filing date forward.
Never stop paying support without court approval - you risk contempt charges.
Louisiana requires a "substantial and continuing" change in circumstances.
Retirement modifications typically require the payer to be at least 65 years old.

Note: The modification process typically takes 3-6 months for uncontested cases and 9-18 months for contested cases, depending on court backlogs.

Louisiana Spousal Support FAQs

What is the difference between interim and final spousal support in Louisiana?

Interim support (pendente lite) is temporary support awarded during the divorce proceedings to maintain the status quo. It terminates 180 days after the final divorce judgment, though courts may extend it for good cause shown.

Final support is awarded after the divorce is complete and is intended to provide ongoing support to a spouse who lacks sufficient means for support and is free from fault.

See: Louisiana Civil Code Art. 113 & 114

How does fault affect spousal support in Louisiana?

Louisiana is a fault state for divorce purposes. A spouse found to be at fault for the breakup of the marriage (through adultery, felony conviction, or abuse) may be completely barred from receiving final spousal support.

However, fault does not typically affect interim support awards, which are based on need and ability to pay during the divorce proceedings.

See: Louisiana Civil Code Art. 111

How long does spousal support last in Louisiana?

The duration of spousal support in Louisiana depends on several factors:

  • Length of the marriage
  • Age and health of the recipient
  • Recipient's earning capacity
  • Time needed for the recipient to acquire education or training

As a general guideline, support duration is often calculated as half the length of marriages under 10 years, and may be indefinite for very long marriages (20+ years). Interim support ends 180 days after the final divorce judgment unless extended by the court.

See: Louisiana Civil Code Art. 112 & 113

Is there a limit to how much spousal support can be awarded?

Yes, Louisiana law establishes a statutory cap for final spousal support. According to Louisiana Civil Code Art. 112, the amount of final support shall not exceed one-third of the obligor's net income.

Important exception: In cases involving a history of domestic abuse by the payor against the recipient, the court may award support exceeding the one-third cap.

No such cap exists for interim spousal support, which is based on maintaining the pre-separation standard of living during divorce proceedings.

See: Louisiana Civil Code Art. 112

How does domestic abuse affect spousal support awards?

Under Louisiana Civil Code Art. 112, a history of domestic abuse by the payor against the recipient creates a presumption that the abused spouse is entitled to final spousal support.

Additionally, in cases involving domestic abuse, the court may award support exceeding the statutory one-third cap on the payor's net income. This recognizes the unique circumstances and needs that often arise in abusive relationships.

Documentation such as protective orders, police reports, or medical records can establish a history of domestic abuse for support determinations.

See: Louisiana Civil Code Art. 112

Can spousal support be modified in Louisiana?

Yes, spousal support can be modified if there is a material change in circumstances of either party, such as:

  • Significant increase or decrease in income
  • Change in employment status
  • Serious health issues
  • Remarriage or cohabitation of the recipient

To modify support, a motion must be filed with the court that issued the original order.

See: Louisiana Civil Code Art. 115

How does cohabitation affect spousal support in Louisiana?

Cohabitation by the recipient spouse may be grounds for reduction or termination of spousal support if the cohabitation results in a change in the recipient's financial needs.

The payor must petition the court for modification and provide evidence of the cohabitation and its financial impact.

See: Louisiana Civil Code Art. 115

Are support payments taxable in Louisiana?

Federal tax (2025 update): Under the Tax Cuts and Jobs Act of 2017, support payments are no longer deductible for the payor or taxable to the recipient for divorce agreements executed after December 31, 2018.

Louisiana tax: Follows federal treatment - no deduction for payor or income for recipient for post-2018 agreements.

Key considerations:

  • Pre-2019 agreements may have different tax treatment
  • Child support payments are never deductible
  • Property settlements have different tax treatment

See: IRC §71, Tax Cuts and Jobs Act of 2017

How do parish differences affect support in Louisiana?

Louisiana parishes may handle support cases differently:

  • Urban Parishes (Orleans, East Baton Rouge): Typically higher support amounts
  • Suburban Parishes (Jefferson): Moderate support amounts
  • Rural Parishes: Generally lower support amounts
  • Judicial Preferences: Some parishes have local rules or common practices

Key parish-specific factors:

  • Local cost of housing and living expenses
  • Prevailing wage rates in the region
  • Availability of employment opportunities
  • Local court rules and common practices

See: Louisiana Civil Code Art. 112

How does retirement affect support in Louisiana?

Retirement impacts Louisiana support cases:

  • Payor may petition to modify/terminate at retirement age
  • Court considers whether retirement is reasonable
  • Recipient's needs still considered
  • Early retirement may not be considered reasonable

Key factors courts consider:

  • Age of parties
  • Health status
  • Financial resources
  • Type of support awarded

See: Louisiana Civil Code Art. 115

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