7.4.2 Role of Fault

Proof of freedom from fault is not required for interim spousal support. However, to get final spousal support, a spouse must show that she was free from fault in the dissolution of the marriage and that she lacks means of support.1  In domestic violence cases, there is now a legal presumption that the abused spouse is entitled to final support.2  But, this presumption can be overcome.

A petitioner who is awarded a fault-based divorce pursuant to La. C.C. art. 103(4) or (5) or who is determined by the court to have been a victim of domestic abuse during the marriage in an Article 102 proceeding is presumed to be entitled to final periodic spousal support.3  This shifts the burden to the abusive party to overcome the presumption through evidence of the petitioner’s need, that abusive party’s ability to pay, and the petitioner’s pre-filing fault.4  Further, when support is awarded after a judgment of divorce based on domestic abuse, “the sum awarded may exceed one-third of the obligor’s net income and may be awarded as a lump sum.”5  These benefits are not available for divorces based on other grounds.

Sometimes an abusive former partner seeks to benefit from the collateral consequences of the abuse by characterizing the problems caused by the abuse, such as mental health problems or substance dependence, as fault that would relieve the abusive party of the obligation of final support. Fault that bars spousal support must be serious and an independent contributory or proximate cause of the breakup.6

• 1La. C.C. art. 111.
• 2La. C.C. art. 112(C).
• 3Id.
• 4Id. 2018 cmt. But see Morgan v. Morgan, 2022-0472, p. 13 (La. App. 4 Cir. 12/13/22), 353 So. 3d 1026, 1034 (finding that post-filing adultery precluded domestic violence victim from obtaining final support).
• 5La. C.C. art. 112(D)
• 6Matthews v. Matthews, 15–499, p. 6 (La. App. 5 Cir. 12/23/15), 184 So. 3d 173, 177.