Louisiana courts prioritize the best interests of children in custody decisions, fault-free status for final alimony eligibility, and equitable division of community property to shape post-divorce outcomes.​
Child Custody
Courts award custody based on the child’s best interest, as outlined in Louisiana Civil Code Article 131, favoring joint custody unless one parent endangers the child. Key factors include potential for abuse, emotional ties between parent and child, capacity to provide love and material needs, stability of the home environment, moral fitness, history of substance abuse or violence, mental and physical health, and willingness to foster the child’s relationship with the other parent. Parents’ agreement on custody is typically approved unless family violence or contrary child interests exist.​
Alimony (Spousal Support)
Alimony includes interim support during divorce (terminating 180 days post-judgment unless extended for cause) and final periodic support for the fault-free, needy spouse with a paying-capable ex. Courts assess income, liquidity, financial obligations, earning capacity, marriage length, standard of living, age, health, and contributions; domestic abuse convictions against the payer reduce or bar support. Payments are withheld from the payer’s wages, capped at 30% of net income absent domestic violence findings.​
Court Decision Factors
Louisiana requires 180 days separation without children or 365 days with minors for no-fault divorce, or shorter fault-based grounds like adultery or abuse. Beyond custody and alimony, courts equitably divide community property (assets/debts acquired during marriage) considering economic needs, while separate property remains individual. Overall futures hinge on these evaluations, with temporary orders during separation potentially adjusted at final decree.
SOURCES
[1](https://law.justia.com/codes/louisiana/civil-code/article-131/)
[2](https://lawreview.law.lsu.edu/archives/410)
[3](https://louisianalawhelp.org/resource/dividing-money-and-property-after-a-divorce-article)
[4](https://ecbadeaux.com/blog/child-custody-during-divorce/)
[5](https://www.bdw.law/blog/what-factors-influence-custody-decisions-in-louisiana/)
