Louisiana Spousal Support (Alimony) Laws: Interim and Final Support (2026)

Louisiana uses two types of spousal support: interim support while the divorce is pending, and final periodic support available only to a spouse who was not at fault in the breakdown of the marriage. Final support is capped at one-third of the paying spouse's net income.

Information last verified on June 1, 2026.

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What Is Spousal Support in Louisiana?

Louisiana does not use the word "alimony" in its statutes. The Civil Code uses the term "spousal support," which encompasses two different obligations: interim spousal support and final periodic support. Both are governed by Title V of the Louisiana Civil Code, specifically articles 111 through 117.

Article 111 grants the court authority to award either type of support during or after a divorce proceeding. The article states that final periodic support is available only to a party "who is in need of support and who is free from fault prior to the filing of a proceeding to terminate the marriage." That fault requirement is the most significant feature distinguishing Louisiana's system from many other states.

Louisiana is a civil-law state, meaning its private law derives from the French and Spanish civil-law tradition rather than English common law. Spousal support in Louisiana therefore operates under a codified framework rather than a body of judge-made precedent. Courts apply the articles as written, with discretion on the amount and duration of support rather than on whether the framework applies.

Interim Spousal Support and the 180-Day Rule

Interim spousal support is available to either spouse while the divorce case is pending. Under article 113, a court may award interim support upon motion of a party, based on four considerations: the needs of the requesting party, the other party's ability to pay, any interim or final child support obligation already in place, and the standard of living the parties maintained during the marriage.

The fault standard that applies to final support does not apply to interim support. Either spouse may request interim support regardless of who caused the breakdown of the marriage. The purpose of interim support is to maintain financial stability while the divorce proceeds, not to address fault.

The 180-day rule is the critical time limit. Article 113 states that an award of interim spousal support "shall terminate one hundred eighty days from the rendition of a judgment of divorce." The 180-day period begins when the judgment of divorce is rendered, not when the divorce petition is filed or when the parties separated.

A court may extend interim support beyond 180 days, but only if the requesting party shows good cause. Good cause is not defined in the statute; courts have treated serious illness, sudden job loss, or delays in transitioning to final support proceedings as sufficient grounds.

Article 113 also provides an important sequencing rule: "An obligation to pay final periodic support shall not begin until an interim spousal support award has terminated." A recipient cannot collect both at the same time. Final support replaces interim support; it does not supplement it.

Final Periodic Support: The Fault Requirement and the One-Third Cap

Final periodic support is governed primarily by article 112. Two threshold conditions must both be satisfied before a court may award final support.

First, the claimant must have been free from fault prior to the filing of the divorce proceeding. Louisiana courts have interpreted "fault" to include conduct such as adultery, abandonment, and physical or mental cruelty. The claimant bears the burden of establishing that he or she was not at fault. If the court finds the claimant was at fault, no final support is awarded regardless of financial need.

Second, the claimant must be in need of support. Need is assessed by comparing the claimant's income and means to his or her financial obligations and reasonable living expenses, taking into account the standard of living during the marriage.

When both conditions are met, article 112(D) places a firm cap on the award: "The sum awarded under this Article shall not exceed one-third of the obligor's net income." Net income refers to the obligor's income after mandatory deductions such as taxes and Social Security, not gross income.

There are two exceptions to the one-third cap. First, when a divorce is granted under article 103(4) or (5), which cover physical or sexual abuse of the spouse seeking divorce (or a child of one of the spouses) during the marriage, and the issuance of a protective order or injunction against the other spouse to prevent such abuse, the cap does not apply. Second, when a court determines that the claimant spouse or a child of one of the spouses was the victim of domestic abuse committed by the other spouse during the marriage, the cap does not apply and the court may award a lump sum rather than periodic payments. Article 112(C) also creates a presumption that the claimant is entitled to final support, shifting the burden to the obligor, when the divorce was granted on adultery grounds (article 103(2)), felony-conviction grounds (article 103(3)), or abuse-related grounds (article 103(4) or (5)), or when the court determines that the claimant or a child of one of the spouses was a victim of domestic abuse committed by the other spouse.

How Louisiana Courts Decide Final Support: The Article 112 Factors

Article 112(B) lists nine factors the court must consider when determining the amount and duration of final periodic support. Courts are directed to consider "all relevant factors," meaning the list is not exhaustive, but these nine form the required framework:

1. The income and means of the parties, including the liquidity of those 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.

No single factor is controlling. A court might award a smaller amount for a short marriage with healthy, employed spouses while awarding a larger amount closer to the one-third cap for a long marriage where the recipient sacrificed career advancement to manage the household or raise children.

The duration of support is also within the court's discretion. Louisiana does not set a statutory formula linking support duration to marriage length the way some states do. Courts may award support for a defined term (to allow the recipient time to become self-supporting) or without a fixed end date, subject to modification later.

When Support Ends or Changes

Article 115 lists the events that automatically extinguish either type of spousal support:

• The recipient spouse remarries.
• Either party dies.
• A court issues a judicial determination that the recipient has cohabited with another person of either sex in the manner of married persons.

Remarriage and death operate automatically; no court motion is required. Cohabitation, by contrast, requires a judicial determination. The paying spouse must file a motion and prove to the court that the recipient is living with a new partner in a marriage-like arrangement. Mere dating or a new partner spending nights at the recipient's home may not meet the standard without evidence of a shared household, shared finances, or a commitment resembling marriage.

The paying spouse's own remarriage is explicitly not a change of circumstance. Article 114 states that "the subsequent remarriage of the obligor spouse shall not constitute a change of circumstance," so an obligor who remarries cannot seek to reduce or terminate support on that basis alone.

Two different articles govern changes to an award that is already in place, and they do different work. Article 114 supplies the standard: an award of interim spousal support or final periodic support "may be modified if the circumstances of either party materially change and shall be terminated if it has become unnecessary." A change in either party's financial circumstances, such as the obligor losing a job, the recipient obtaining well-paid employment, or a serious change in health, can support a motion to modify the amount.

Article 116 supplies the mechanism rather than the grounds. It provides that the obligation of final spousal support may be modified, waived, or extinguished by judgment of a court of competent jurisdiction, or by an authentic act or an act under private signature duly acknowledged by the recipient. That second route is what lets the parties change or give up support by agreement instead of by litigation.

There is also a deadline for claiming final support in the first place, and it catches people who divorce without asking for support and reconsider later. Under article 117, the right to claim spousal support after divorce is subject to a peremption of three years. Peremption runs from the latest of three events: the day the judgment of divorce is signed; the day a judgment terminating a previous judgment of spousal support is signed, if that previous judgment was signed in an action commenced before the divorce judgment or within three years after it; or the day of the last payment, where the obligation was initially performed by voluntary payment within those periods and no more than three years elapsed between payments. Once the three years run, the right to claim support is gone.

Is Spousal Support Taxable, and How It Differs from Louisiana Child Support

Federal tax treatment. For divorce or separation agreements executed on or after January 1, 2019, federal law changed how spousal support is taxed. Under the Tax Cuts and Jobs Act of 2017, spousal support payments made under post-2018 agreements are no longer deductible by the paying spouse and are not includable in the gross income of the receiving spouse. For agreements executed before January 1, 2019, and not subsequently modified to apply the new rules, the old rules continue to apply: the payer may deduct payments and the recipient must include them as taxable income. If you have a pre-2019 agreement, verify with a tax professional whether a modification has reset the applicable rules.

Child support is different. Child support in Louisiana is governed by the child support guidelines at La. R.S. 9:315 and following, which adopt an income shares model. La. R.S. 9:315.2(C) and (D) direct the parties to combine their adjusted gross incomes, meaning gross income less the adjustments the guidelines allow, and direct the court to read the basic child support obligation off the schedule in La. R.S. 9:315.19 using that combined adjusted figure. Child support is never deductible by the payer or taxable to the recipient, regardless of when the agreement was made. Spousal support and child support are calculated and treated separately; a child support obligation is, however, one of the factors courts consider when setting the spousal support amount under article 112(B).

For more detail on how Louisiana calculates child support, see our guide to Louisiana child support laws.

For a full 50-state comparison, visit our Alimony laws by state hub.

Legal disclaimer: This page provides general legal information about Louisiana spousal support law and is not legal advice. Spousal support determinations are fact-specific and depend on the circumstances of each case. Consult a licensed Louisiana family law attorney for guidance on your situation.

Last updated: June 1, 2026.

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