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re: Long term spousal support

Posted on 1/30/18 at 6:28 am to
Posted by el Gaucho
He/They
Member since Dec 2010
60184 posts
Posted on 1/30/18 at 6:28 am to
quote:

Don’t cheat on your spouse and it won’t happen? Not that hard of a concept.

I feel really bad when I hear these stories about men cheating after being married a long time

You just know they had to work extra hard with their game being so rusty and all
Posted by shawnlsu
Member since Nov 2011
23682 posts
Posted on 1/30/18 at 6:35 am to
quote:

McCaigBro69


You still mad about what's her face?
Posted by The Torch
DFW The Dub
Member since Aug 2014
30520 posts
Posted on 1/30/18 at 6:37 am to
I went to a lawyer once, after they told me what I would have to pay I decided that my wife wasn't that bad.

Men get screwed
Posted by celltech1981
Member since Jul 2014
8139 posts
Posted on 1/30/18 at 6:39 am to
quote:

Don’t cheat on your spouse and it won’t happen? Not that hard of a concept.


two wrongs don't make a right. Why should she is she entitled to any of his future earnings and vice versa? I get it that in a split the accumulated wealth during the marriage might be split but to make the guy pay her for years? that's just wrong.
Posted by lake chuck fan
Vinton
Member since Aug 2011
24932 posts
Posted on 1/30/18 at 6:43 am to
I think one has to pay it for 18 months, after which the receiver has to prove fault. Which can turn ugly and last a very long time! Imagine, Ex's airing out dirty laundry to prove other is at fault for marriage break up!
Posted by Mike da Tigah
Bravo Romeo Lima Alpha
Member since Feb 2005
61883 posts
Posted on 1/30/18 at 7:24 am to
quote:

Don’t cheat on your spouse and it won’t happen? Not that hard of a concept. frick people who cheat.



OK, so if this is the price for cheating, when women cheat on men which ends in a divorce, do the men get 15k a month?

You know they don’t. I know they don’t.
Posted by Twenty 49
Shreveport
Member since Jun 2014
21534 posts
Posted on 1/30/18 at 8:13 am to
Based on the page linked below, he'll probably just pay some until the divorce is final. The pre-divorce alimony in LA is designed to maintain the status quo standard of living of both spouses.

But post-divorce alimony applies in Louisiana only if the receiving spouse can't even provide herself "basic necessities of life."

Also, the needy spouse must show that he or she is free from fault, but it does not matter whether the paying spouse is at fault. So husband won't have to pay alimony as a "punishment" for cheating. But wife could be barred from getting alimony if she cheated.

Source: Louisiana Divorce FAQs – Alimony
Posted by redstick13
Lower Saxony
Member since Feb 2007
41386 posts
Posted on 1/30/18 at 8:17 am to
quote:

Don’t cheat on your spouse and it won’t happen? Not that hard of a concept.

frick people who cheat.


Some states are no fault states (usually not states in the bible belt) and you still have to pay. Colorado has a formula they use so that the spouse "maintains their style of living". You pay according to your income for half the duration you were married. The woman could have stolen all your savings and fricked half the state's population and you will still pay.
This post was edited on 1/30/18 at 8:18 am
Posted by redstick13
Lower Saxony
Member since Feb 2007
41386 posts
Posted on 1/30/18 at 8:24 am to
quote:

He should have thought about his wallet before swimming in his side piece's pool.

He's gonna pay.


Research no fault divorce states. The man gets screwed over in these states no matter what happened during the marriage.
Posted by Phil A Sheo
equinsu ocha
Member since Aug 2011
12166 posts
Posted on 1/30/18 at 8:34 am to
quote:

Because humans can’t live on anything less than 15k a month and live in anything less than a 700k home. Seriously... WTF has happened to human beings?


It's not about what one can live on, its maintaining the lifestyle that they were accustomed to while in the marriage.

Until we change the archaic divorce laws in this country we'll have to deal with shite like that.
Posted by redstick13
Lower Saxony
Member since Feb 2007
41386 posts
Posted on 1/30/18 at 8:42 am to
quote:

It's not about what one can live on, its maintaining the lifestyle that they were accustomed to while in the marriage.

Until we change the archaic divorce laws in this country we'll have to deal with shite like that.


This. People really can't grasp how bad the bread winner can get screwed over in a divorce until they actually go through one.
Posted by Goldrush25
San Diego, CA
Member since Oct 2012
33964 posts
Posted on 1/30/18 at 8:53 am to
quote:

Some states are no fault states (usually not states in the bible belt) and you still have to pay. Colorado has a formula they use so that the spouse "maintains their style of living". You pay according to your income for half the duration you were married. The woman could have stolen all your savings and fricked half the state's population and you will still pay.


It blows my mind that more people don't enter into prenuptual agreements that limit what spousal support the wife is entitled to, especially in this day and age.
Posted by MLCLyons
Member since Nov 2012
4793 posts
Posted on 1/30/18 at 9:40 am to
quote:

I know someone in CA that has to pay a large amount of spousal support for the rest of their fricking life. Unbelievable.


If she gets remarried he won't be or most likely even if she starts long term cohabitation with someone else.

Reading their law, I'm very skeptical that he was ordered to pay for the rest of his life. More likely he was ordered to pay with no defined end date which theoretically could mean the rest of her life. But unless she literally has no marketable skills and can't work he's not going to be paying forever. If she doesn't have any marketable skills and can't work, he probably shouldn't have hitched himself to that wagon. Either that or it was a 40yr marriage and they're in their late 60s or something.

quote:

The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a “reasonable period of time” for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court’s discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties.
Posted by TigrrrDad
Member since Oct 2016
8202 posts
Posted on 1/30/18 at 11:50 am to
quote:

the spouse who receives it has to prove he/she was free from fault, which is a REALLY high standard


But what constitutes "fault" in Louisiana? Does the receiver have to prove he/she is free from fault, or does the payor have to prove the receiver IS at fault? According to the FAQ someone linked...

quote:

There are no statutory guidelines for deciding what constitutes “fault” for purposes of alimony, however, courts have routinely used jurisprudence and former articles of the Civil Code Articles dealing with “fault” in the context of divorce to decide the issue.


So does the payor have to prove one of the things listed in Louisiana Civil Code 103, with the definition of "alimony-related fault" being the same as it is in terms of a "fault divorce"? Fault in the sense of a fault divorce generally boils down to photographic evidence of cheating, felonies, or abuse. That's a pretty heavy burden of fault to have to prove in court, which is a huge difference from the receiver having the burden of proving they had no "fault" in the common sense in the breakup of the marriage.
Posted by swamplynx
Lake Chuck
Member since Oct 2014
1277 posts
Posted on 1/30/18 at 12:09 pm to
quote:


the spouse who receives it has to prove he/she was free from fault, which is a REALLY high standard


Being free from fault isn't that high of a standard to prove. It is actually rather easy to prove you were free of fault.

Usually, people who want permanent spousal support have trouble satisfying the requirement that they have a need for it. As you said, it's usually temporary.

But as far as interim spousal support goes, that's almost always granted regardless of whether the requesting party was at fault.
Posted by Big Sway
Member since Nov 2009
5133 posts
Posted on 1/30/18 at 5:59 pm to
I understand 2 maybe 3 years then she's on her own.
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