re: During a divorce, if one spouse makes

In Louisiana, the court may award final periodic spousal support based on (1) the needs of the claimant spouse, (2) the other spouse’s ability to pay, and (3) whether the claimant spouse is free from fault prior to filing for divorce. A claimant’s fault that occurred prior to filing bars the claimant spouse from receiving final support. When the spouse obtains a divorce based on the other spouse’s fault or when the spouse or a child was the victim of domestic abuse, that spouse is presumed entitled to final support. The claimant spouse’s fault prior to reconciliation l, which is the mutual intent to resume the marital life together after one spouse commits adultery, cannot be the basis for denying the claimant final periodic support. The claimant spouse bears the burden of proof.

The court considers the following factors in determining final spousal support: (i) tax consequences; (ii) age and health of the parties; (iii) financial obligations including child support; (iv) child custody effect on earnings; (v) rehabilitation time for claimant to acquire education, training, or employment; (vi) income and means of the parties; (vii) earning capacity of the parties; (viii) duration of marriage; and (ix) domestic abuse.

Final support may be waived before, during, or after the marriage in authentic act or act under private signature duly acknowledged—a mere signature is insufficient. An award of final periodic support may be modified if the circumstances of either party materially change and shall be terminated when it is unnecessary; the obligor’s remarriage is not a material change.