How Adultery and Marital Fault Legally Block Final Spousal Support in Louisiana

Marital Fault and Spousal Support in Louisiana

Unlike many states that have moved to a purely 'no-fault' divorce system where bad behavior rarely impacts finances, Louisiana courts take marital misconduct very seriously. If you are seeking final periodic spousal support to survive after your divorce, your behavior during the marriage will be put under a microscope. Under La. C.C. Art. 112, a spouse seeking final support must prove that they are in need and, most importantly, that they are completely free from fault prior to the filing of the divorce petition. Navigating a fault-based divorce at the 24th Judicial District Court, Jefferson Parish, Gretna or the 15th Judicial District Court, Lafayette Parish, Lafayette requires aggressive legal strategy. We recommend finding a seasoned local attorney from our directory to help you prove your innocence or defend against false allegations.

Statutory Fault: Adultery, Felonies, and Cruel Treatment

Louisiana law is specific about what actually constitutes 'fault' sufficient to deny spousal support. You cannot be denied alimony just because you were nagging, argued frequently, or were a poor housemate. The fault must be a serious, statutory violation. The most common grounds for fault include:

• Adultery: Having a sexual relationship outside the marriage before the divorce is finalized.
• Felony Conviction: Being convicted of a felony and sentenced to death or hard labor.
• Cruel Treatment or Abuse: Physical violence, severe emotional abuse, or habitual intemperance (extreme alcohol or drug abuse) that makes living together absolutely insupportable.
• Abandonment: Leaving the marital home without a lawful cause and refusing to return.

The Exception: Interim Support is Fault-Blind

It is crucial to understand that marital fault only blocks final periodic support. Under La. C.C. Art. 113, Interim Spousal Support is designed to keep both spouses afloat while the paperwork is being processed. Even if a spouse is openly admitting to adultery, a judge can still order the other spouse to pay interim support for the duration of the divorce proceedings. The court's primary goal during the interim phase is preventing financial ruin, not punishing bad behavior.

The Burden of Proof in Court

Proving fault in a Louisiana courtroom is not as simple as making an accusation. The burden of proof lies heavily on the person making the claim. For example, to prove adultery, your lawyer cannot just show a text message where your spouse called someone else attractive. In cases like Bourg v. Bourg, 701 So. 2d 1378 (LA Court of Appeal 1997), courts have stated that adultery must be proven by a preponderance of the evidence, often requiring circumstantial evidence like private investigator photos showing the spouse entering a hotel with a romantic partner and staying overnight.

Defenses and the Reconciliation Exception

Even if you committed a fault like adultery, it might not bar you from final support if you can prove reconciliation. If your spouse found out about the affair, forgave you, and voluntarily resumed marital life (including sexual relations) with the intent to forgive, the court generally erases that specific fault. Once forgiven, they cannot bring it back up later during the divorce to block your spousal support. Additionally, if your fault was a direct reaction to your spouse's initial severe fault (e.g., you left the home because they were physically abusive), your 'abandonment' may be legally justified and will not block your support.

Frequently Asked Questions (FAQ)