February 24th, 2014
Spousal Support in Louisiana
Spouses need to be careful once they are divorced to preserve their right to seek final periodic spousal support. Even though a spouse has filed the claim before the divorce was granted they need to refile the claim within three years of the date of the divorce or meet the other provisions of Louisiana Civil Code Article 117. Article 117 provides:
Art. 117. Peremptive period for obligation
The right to claim after divorce the obligation of spousal support is subject to a peremption of three years. premption begins to run from the latest of the following events:
(1) The day the judgment of divorce is signed.
(2) The day a judgment terminating a previous judgment of spousal support is signed, if the previous judgment was signed in an action commenced either before the signing of the judgment of divorce or within three years
thereafter.
(3) The day of the last payment made, when the spousal support obligation is initially performed by voluntary payment within the periods described in Paragraph (1) or (2) and no more than three years has elapsed between payments.
La. C.C. Art. 117.
Art. 117. Peremptive period for obligation
The right to claim after divorce the obligation of spousal support is subject to a peremption of three years. premption begins to run from the latest of the following events:
(1) The day the judgment of divorce is signed.
(2) The day a judgment terminating a previous judgment of spousal support is signed, if the previous judgment was signed in an action commenced either before the signing of the judgment of divorce or within three years
thereafter.
(3) The day of the last payment made, when the spousal support obligation is initially performed by voluntary payment within the periods described in Paragraph (1) or (2) and no more than three years has elapsed between payments.
La. C.C. Art. 117.