7.1 Importance of Support

Sometimes, a client may ask you about “alimony,” now known as spousal support. There are two different types of spousal support: interim support, which runs generally from filing until 180 days following divorce, and final periodic support, which typically begins when interim ends. Articles 111–117 of the Civil Code govern spousal support.

One might not think it valuable to seek spousal support for indigent clients, particularly if the former spouse does not have substantial means. However, in doing so, you may well obtain additional financial help for your client. It is time and resource intensive to go through bills and documents with your clients, but it is your obligation to present a full picture to the court as to income and expenses. Additionally, where income differentials are extreme, the payor spouse may agree to pay certain bills, including health insurance premiums and other necessary expenses, without actually giving the claiming spouse money. This is allowable and may be in your client’s best interest, so assess the claim appropriately after obtaining all necessary income, expense, and standard of living documentation. At times, particularly with health insurance, it is desirable to continue this coverage, regardless of the income of the claiming spouse. It is all a part of your due diligence in assessing the claims of your client.