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What is interim spousal support?

When a married couple decides to part ways, emotions can run on high. There may be a lot of negative animosity regarding the reasons for the breakup, which can only be exacerbated by skirmishes over divorce legal issues. Child custody, child support and property division can all certainly come into play and be hotly contested. Another matter that often leads to disagreement is spousal support.

Though spousal support may be awarded for a significant period of time, many may find themselves wondering what happens until a final alimony determination is made. Under Louisiana law, a party to a divorce can file a motion for interim spousal support, which, if successful, will allow the seeking party to be paid an allowance by the other party up until a final spousal support determination is made. When making a decision on interim support, a court will assess the financial need of the petitioning party, the ability of the non-petitioning party to pay support, the standard of living the couple had during their marriage and any other allowance or child support obligations that are in place.

Typically, this interim support is only available for up to 180 days. However, if good cause can be shown, that period of time can be extended. Upon final determination of spousal support, though, the interim amount will cease. If a final support amount is set and a party is ordered to pay alimony, then those payments will not begin until the interim payments are stopped.

The resolution of divorce legal issues can have a major impact on an individual's post-divorce financial health. Therefore, these matters should not be taken lightly. Those who are considering divorce or are currently going through the process may want to fully inform themselves of the law and how it may affect them. One way to do this is to discuss the issues and their unique set of circumstances with an experienced Louisiana family law attorney.

Source: Louisiana Legislature, "CC 113," accessed on Nov. 22, 2015

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