7.2 Interim Spousal Support

7.2 Interim Spousal Support aetrahan Wed, 06/28/2023 - 16:12

The purpose of interim spousal support is to maintain the status quo of the parties without unnecessary economic dislocation during the process of obtaining a divorce. The amount of support is based on the claimant’s needs, the other party’s ability to pay, child support obligations, and the parties’ standard of living during the marriage.1

The burden of proof for interim spousal support is on the claiming spouse. The claiming spouse must lack sufficient income to maintain the standard of living enjoyed while residing with the payor spouse during the marriage. A claimant’s fault does not preclude an award of interim support.2

An award of interim spousal support is within the trial court’s discretion and will not be disturbed on appeal absent a clear abuse of discretion.

  • 1La. C.C. art. 113(A).
  • 2Scurria v. Griggs, 40,327 (La. App. 2 Cir. 12/21/05), 917 So. 2d 1215.