Lake Charles, LA asked in Divorce and Family Law for Louisiana

Q: Upon retiring and no longer having an income am I required to file in court to stop spousal support?

Louisiana Civil Code 112 states...The sum awarded under this Article shall not exceed one-third of the obligor's net income. If I no longer have an income because of retirement and my Ex is aware there is no longer an income, am I required to file in court to stop spousal support or can we have an agreement that support terminates? QRDO is in effect and 401K and personal IRA have been distributed.

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1 Lawyer Answer
Randy Bryan Ligh
Randy Bryan Ligh
  • Baton Rouge, LA
  • Licensed in Louisiana

A: Inferring from your post, I assume you are talking about permanent spousal support? Regardless of whether it's permanent or temporary, I suspect that there is an Order in placing which details this obligation. That said, I highly recommend that you consult with a family law attorney to discuss your options at this time, especially if you are seeking a termination of spousal support,

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