Can a court award alimony to a spouse who has committed adultery?
In Louisiana, a court can award alimony to a spouse who has committed adultery. However, Louisiana does not allow a party to a divorce to use the ground of adultery as a basis for granting an award of alimony. Instead, adultery may be considered when determining the nature and duration of any award. In Louisiana, the court must consider a number of relevant factors when determining whether to award alimony. These include the earning capacity, financial resources, age, and health of both spouses, the duration of the marriage, and any fault committed by either spouse during the marriage. When determining whether to award alimony, the court will look to see if the spouse who has committed adultery had an unfair economic advantage as a result of the adultery. The court will also consider whether the adultery impacted the other spouse’s standard of living, or whether the adultery caused an economic loss. Finally, the court will also consider the ability of the cheating spouse to pay alimony. If the court determines that the cheating spouse has the ability to pay alimony, the court may award alimony to help the other spouse maintain the standard of living they had prior to the adultery.
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