What Factors Influence Alimony Duration and Amount?
Aug. 13, 2025
Alimony, also known as spousal support, is a critical aspect of divorce proceedings that can significantly impact both parties’ financial futures. In Louisiana, the determination of alimony—its amount and duration—is governed by a combination of statutory guidelines and judicial discretion.
At The Law Office of Ivy L. Graham, our divorce and family law attorney is here to help you. Located in Denham Springs, Louisiana, we also serve communities in Livingston, Colyell, Holden, and Albany. If you need help with alimony or other family law matters, call us to schedule a consultation.
Unlike child support, which follows more rigid calculations, spousal support depends on a range of personal, economic, and situational factors. These include the length of the marriage, each spouse’s income and earning capacity, fault in the breakup of the marriage, and each party’s financial needs and obligations.
Understanding the factors that influence alimony in Louisiana is critical if you're going through a divorce, as it helps clarify what the court considers fair and reasonable support after the marriage ends.
Here's what you need to know about the different factors that impact alimony duration and the amount that would be paid.
Types of Alimony in Louisiana
Louisiana recognizes two main types of spousal support: interim spousal support and final periodic spousal support.
Interim spousal support: This is temporary and designed to help the lower-earning spouse maintain a similar standard of living during the divorce process. It typically ends once the divorce is finalized or after a set period post-divorce.
Final periodic support: This may be awarded after the divorce if the court finds that one spouse lacks sufficient means of support and is free from fault in the breakup of the marriage. This type is more difficult to obtain and has stricter eligibility requirements.
Knowing the distinction between these two types is key to determining what kind of support may be awarded and how long it might last. For more information on these two types, don't hesitate to reach out to your divorce attorney.
Factors That Affect Alimony Amount and Duration
Louisiana courts consider several factors when setting the amount and duration of alimony. These include:
Length of the marriage: Longer marriages often result in longer or higher alimony awards.
Income disparity and earning capacity: The court evaluates each spouse's ability to earn income and support themselves.
Standard of living during the marriage: Judges aim to prevent drastic changes in lifestyle, especially for a financially dependent spouse.
Contributions to the marriage: This includes non-financial contributions like homemaking, supporting a spouse’s education, or career.
Fault in the breakup: Louisiana is one of the few states where marital misconduct—such as adultery or abuse—can disqualify a spouse from receiving final spousal support.
These factors assure that alimony decisions are fair and tailored to the couple’s unique situation. It may be helpful to discuss this with a divorce attorney like Attorney Ivy L. Graham.
How Courts Determine “Need” and “Ability to Pay”
In evaluating spousal support, the court must balance two primary considerations: the need of the spouse requesting alimony and the ability to pay of the other spouse. “Need” doesn’t just mean a lack of income—it also includes the reasonable expenses necessary to maintain a basic standard of living post-divorce.
The requesting spouse must demonstrate that their own resources are insufficient to meet those needs. On the other side, the paying spouse must have sufficient income left after meeting their own necessary expenses. Courts will review income statements, tax returns, monthly budgets, and other financial documents to get a complete picture of each spouse’s financial situation.
If one party is intentionally unemployed or underemployed, the court may impute income based on their earning potential.
Modifying or Terminating Alimony
Alimony isn’t necessarily permanent. Final periodic spousal support can be adjusted or terminated if there’s a significant change in circumstances. For instance, support may be reduced or stopped if the receiving spouse secures employment, inherits a substantial sum, or remarries.
Similarly, if the paying spouse experiences job loss, health issues, or other financial hardship, they may petition the court to lower the support amount. However, the court requires clear evidence of the change in financial status, and any modification must be formally approved—it doesn't happen automatically.
Enforcing Alimony Orders
If a court awards alimony and the paying spouse fails to comply, the recipient has legal remedies. Enforcement can involve wage garnishment, contempt proceedings, fines, and, in some cases, even jail time. The court treats spousal support orders seriously, and failure to pay can have long-term legal and financial consequences.
That said, disputes sometimes arise over whether payments were made or whether a modification was warranted. Working with a divorce attorney can help assure enforcement is handled correctly and that both parties’ rights are protected.
Duration of Alimony Payments
The duration of alimony in Louisiana isn’t automatically tied to the length of the marriage, but it’s a significant factor the court considers. While there’s no strict formula, longer marriages typically result in longer periods of support.
For example, a spouse exiting a 20-year marriage may receive support for several years, while support after a shorter marriage may only last a few months.
Final periodic support is generally designed to last only as long as necessary for the recipient to become self-sufficient, or until a major life change—such as remarriage or retirement—makes support unnecessary.
Courts may also impose a specific end date or set conditions for review. It's worth noting that permanent alimony is rare and typically reserved for situations where the dependent spouse is elderly, disabled, or otherwise unable to become self-supporting.
Frequently Asked Questions About Alimony in Louisiana
Whether you’re concerned about paying or receiving support, understanding the basics can help you feel more confident about the process. Here are some of the most commonly asked questions about alimony in Louisiana, and the answers you need to make informed decisions.
How long do you have to be married to qualify for alimony in Louisiana?
There's no strict minimum duration for a marriage to qualify for alimony. However, longer marriages are more likely to result in longer or more substantial support. The court looks at the totality of the circumstances, not just the length of the marriage.
Can I receive alimony if I was at fault for the divorce?
Not if you're requesting final periodic support. Louisiana requires the requesting spouse to be free from fault in the breakup of the marriage—meaning actions like adultery, abandonment, or abuse may disqualify you. However, interim spousal support may be available regardless of fault.
Is spousal support automatically granted in Louisiana divorces?
No, it must be requested by one of the parties and justified based on financial need and the other party’s ability to pay. The court doesn't automatically award alimony.
Can alimony be changed after it’s been ordered?
Yes. Either spouse may seek a modification if significant changes occur, such as job loss, serious illness, or a substantial shift in income. However, any adjustments must be approved by the court.
What happens if my ex doesn’t pay alimony?
If a spouse fails to pay court-ordered alimony, legal enforcement options are available. These may include wage garnishment, liens, or being held in contempt of court. A lawyer can help you take the appropriate steps to collect unpaid support.
Do alimony payments affect taxes?
For divorces finalized after January 1, 2019, alimony payments aren't tax-deductible for the payer and not taxable income for the recipient. This change can influence how financial settlements are structured. Alimony is one of the most personal and case-specific aspects of a divorce, and the outcome can significantly affect your financial future.
If you have more questions or need help with your divorce case, contact Ivy L. Graham, Attorney at Law L.L.C. in Denham Springs. We’re here to help you understand your rights and work toward the best possible resolution for your situation.
Contact a Divorce Attorney Today
At The Law Office of Ivy L. Graham, our attorney has years of experience helping people through family law matters, including divorce and alimony. She makes sure her clients are fully informed of their legal options and strives to help them understand without using legal jargon. Located in Denham Springs, Louisiana, we also serve communities in Livingston, Colyell, Holden, and Albany. Contact us today to schedule a consultation.