Alimony (spousal support) in Louisiana is designed to help a lower-earning spouse maintain a reasonable standard of living after divorce. This comprehensive guide covers the types of alimony available in Louisiana, how courts calculate amounts, duration guidelines, modification rules, and the impact of remarriage, cohabitation, and retirement on support obligations. Understanding Louisiana’s alimony laws helps both paying and receiving spouses plan their financial futures.
Verified against Louisiana family law statutes as of May 2026.
In This Louisiana Alimony Guide:
Types of Alimony in Louisiana
Louisiana courts may award the following types of alimony:
- Interim spousal support (La. C.C. Art. 113) — temporary support during divorce proceedings
- based on marital standard of living; Final periodic support (La. C.C. Art. 112) — post-divorce support awarded to a spouse who is in need and free from fault. Louisiana does NOT recognize bridge-the-gap
- rehabilitative
- reimbursement
- or durational as separate statutory categories. Final periodic support can serve rehabilitative or long-term purposes at the court’s discretion.
How Louisiana Calculates Alimony
Louisiana does not have a fixed formula for calculating alimony. Courts use judicial discretion, weighing multiple factors to determine a fair amount and duration.
Louisiana courts consider these factors when determining alimony:
- Under La. C.C. Art. 112(B)
- courts consider: (1) The income and means of the parties
- including the liquidity of such means; (2) The financial obligations of the parties
- including any interim allowance or final child support obligation; (3) The earning capacity of the parties; (4) The effect of custody of children upon a party’s earning capacity; (5) The time necessary for the claimant to acquire appropriate education
- training
- or employment; (6) The health and age of the parties; (7) The duration of the marriage; (8) The tax consequences to either or both parties; (9) The existence
- effect
- and duration of any act of domestic abuse committed by the other spouse upon the claimant or a child of one of the spouses
- regardless of whether the other spouse was prosecuted for the act of domestic violence.
Income disparity: YES. Under Art. 112(A), the claimant must demonstrate both: (1) freedom from fault prior to filing, and (2) that they are in need of support and lack sufficient means for self-support. The court then evaluates need against the other spouse’s ability to pay. There is no requirement of a specific income ratio, but the claimant must establish actual financial need.
Vocational evaluation: Not specifically mandated by statute. However, courts routinely assess earning capacity under Art. 112(B)(3) and the time necessary for education, training, or employment under Art. 112(B)(5). Courts may consider expert testimony on earning potential and may set review dates (e.g., 2-3 years) to reassess whether the recipient has taken reasonable steps toward financial independence. Vocational evaluations may be used as evidence but are not statutorily required.
Louisiana Alimony Duration Guidelines
No statutory duration formula or table. Courts have broad discretion. Informal judicial practice is approximately 1 year of final periodic support per 3 years of marriage (e.g., a 20-year marriage may yield 6-7 years of support). Interim support terminates 180 days after the judgment of divorce, but may be extended beyond 180 days for good cause shown. Final periodic support has no automatic termination date — courts may set a specific end date, order periodic review, or leave it open-ended.
| Marriage Length | Typical Alimony Duration |
|---|---|
| Short-term (under UNVERIFIED — Louisiana does not define a statutory threshold for short marriages) | Rehabilitative or bridge-the-gap; limited duration |
| Moderate-term | Durational alimony; set period based on marriage length |
| Long-term (UNVERIFIED — Louisiana does not define a statutory threshold for long-term marriages qualifying for permanent support; courts use discretion based on all Art. 112(B) factors+) | May qualify for permanent or indefinite alimony |
Permanent alimony: YES, conditionally. Louisiana does not use the term “permanent alimony” but final periodic support can be awarded without a termination date (effectively indefinite). This is more likely for long marriages where the recipient spouse’s age, health, or lack of employable skills makes self-sufficiency unrealistic. Courts may also set periodic review dates to reassess continued need.
Modifying & Terminating Louisiana Alimony
Modification: YES. Under La. C.C. Art. 114, an award of interim or final periodic support may be modified if the circumstances of either party materially change, and shall be terminated if it has become unnecessary. The party requesting modification bears the burden of proving a material change since the original order. Common grounds include: significant change in either party’s income, obligor’s involuntary job loss or disability, recipient obtaining substantially higher-paying employment, significant health changes, recipient completing education or training, and retirement of the obligor at a reasonable age. Minor or temporary income fluctuations do not qualify.
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Cohabitation: YES. Under La. C.C. Art. 115, the obligation of interim or final periodic support is extinguished upon a judicial determination that the obligee has cohabited with another person of either sex in the manner of married persons. Unlike remarriage, cohabitation does not automatically terminate support — the obligor must file a motion and prove cohabitation in court. Courts examine factors including shared residence, pooled finances, joint bank accounts, shared household responsibilities, and public representation as a couple. Casual dating or roommate arrangements do not qualify.
Remarriage: YES — automatic termination. Under La. C.C. Art. 115, the obligation of interim or final periodic support is extinguished upon the remarriage of the obligee (recipient). Termination is automatic by operation of law on the date of remarriage — no court filing is required. Note: The subsequent remarriage of the obligor (payor) does NOT constitute a change of circumstance and does not reduce or terminate their support obligation.
Retirement: Retirement of the obligor can constitute a material change of circumstances warranting modification or termination under Art. 114, but the retirement must be at a reasonable age and not undertaken as a deliberate attempt to avoid support obligations. Courts evaluate whether retirement was voluntary or involuntary, the reasonableness of the retirement age, and the obligor’s remaining ability to pay from retirement income and assets.
Tax Implications of Louisiana Alimony
Under the Tax Cuts and Jobs Act (2017), for divorce agreements executed after December 31, 2018, alimony payments are not deductible by the paying spouse and not taxable income for the receiving spouse at the federal level. This applies to all Louisiana divorces finalized after that date.
For divorces finalized before 2019, the old rules still apply unless the agreement is modified to adopt the new tax treatment.
Impact of Misconduct on Louisiana Alimony
Adultery: YES — significant impact. Louisiana requires the claimant spouse to be “free from fault prior to the filing of a petition for divorce” to receive final periodic support (Art. 112(A)). If the spouse seeking support committed adultery before filing, they are barred from receiving final periodic support. However, interim spousal support (Art. 113) may still be available regardless of fault. Importantly, the adultery of the paying spouse does NOT automatically entitle the other spouse to higher support — it only matters whether the requesting spouse was at fault. Conduct after filing generally does not bar a claim. Louisiana does not apply comparative fault — if the requesting spouse committed adultery, they are fully disqualified even if the other spouse also engaged in misconduct.
Other marital misconduct: YES. Beyond adultery, Louisiana recognizes several forms of fault that can bar a spouse from receiving final periodic support. Fault grounds include: adultery, conviction of a felony with sentence of death or hard labor, habitual intemperance (substance abuse), cruel treatment, public defamation, abandonment, and attempt on the other spouse’s life. The misconduct must rise to the level of a previously existing ground for fault-based separation or divorce, and must be an independent contributing or proximate cause of the breakup of the marriage. These fault grounds apply only to final periodic support — interim support is generally available regardless of fault.
Additional Louisiana rules: (1) One-third cap: Final periodic support cannot exceed one-third of the obligor’s net income, UNLESS the divorce involves domestic abuse (Art. 103(4)/(5)), in which case the cap may be exceeded and lump-sum awards are permitted. (2) Fault-based system: Unlike many states, Louisiana requires the requesting spouse to prove freedom from fault to receive final periodic support — this is a threshold requirement, not just a factor. (3) Community property state: Louisiana is one of nine community property states; the equal division of community property can reduce or eliminate the need for spousal support. (4) Interim support standard: Interim support aims to maintain the marital standard of living, while final periodic support is based on need and ability to pay — these are different standards. (5) 180-day bridge: Interim support continues for 180 days after divorce judgment, providing a transition period before final support begins — final support does not begin until interim support terminates. (6) No statutory duration formula: Unlike some states, Louisiana has no statutory table linking marriage length to support duration. (7) The 2019 legislative session revised Articles 112 and 113 to their current form (Acts 2018, No. 265, effective Jan. 1, 2019).
Official Sources & Resources
- Cornell LII — Alimony: law.cornell.edu
- NCSL Spousal Support: ncsl.org
- Louisiana Alimony Statute: Louisiana Civil Code Articles 111 through 115 (La. C.C. Arts. 111-115). Specifically: Art. 111 (authority to award support), Art. 112 (determination of final periodic support — factors, amount, one-third cap), Art. 113 (interim spousal support — 180-day default), Art. 114 (modification or termination), Art. 115 (extinguishment — remarriage, death, cohabitation). Divorce grounds relevant to fault: Art. 103.
Last verified May 2026. Contact us if you notice outdated information.