Louisiana Marital Settlement Agreement
A Louisiana marital settlement agreement lets divorcing spouses partition their community property at equal net value, set spousal support, and address custody and child support, then have those terms made a judgment of the court. Attorney review available.
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Introduction
Louisiana is a civil-law community property state in which each spouse already owns an undivided one-half interest in the community (La. Civ. Code art. 2336), and a marital settlement agreement is the written contract divorcing spouses use to partition that property and settle spousal support and (by reference) custody and child support so the terms can be made part of the judgment that ends the marriage. Louisiana is a civil-law community property state: each spouse owns a present undivided one-half interest in the community property (La. Civ. Code art. 2336), and on divorce the community is partitioned. When spouses cannot agree, the court divides the community assets and liabilities so that each spouse receives property of an equal net value (La. R.S. 9:2801); when they do agree, they can partition it themselves by written agreement. Louisiana has no statewide formula for spousal support. A court sets final periodic support by weighing the factors in La. Civ. Code art. 112, and the sum awarded cannot exceed one-third of the obligor's net income. Custody and child support follow the statewide child support guideline (La. R.S. 9:315.19), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. A property or matrimonial agreement is made by authentic act or by an act under private signature duly acknowledged by the spouses (La. Civ. Code art. 2331), and a no-fault divorce requires living separate and apart for 180 days, or 365 days when there are minor children (La. Civ. Code art. 103.1). DocDraft builds your Louisiana marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
In Louisiana, where divorce splits a community the spouses own together into shares of equal net value, a marital settlement agreement is the written contract they use to partition that property themselves and settle spousal support and by reference custody and child support, so the terms can be made part of the judgment that ends the marriage.
- 2
Louisiana is a community property state: each spouse owns a present undivided one-half interest in the community property (La. Civ. Code art. 2336). Property acquired during the marriage is generally community property owned equally by both spouses.
- 3
On divorce the community is partitioned. When the spouses cannot agree, the court divides the community assets and liabilities so that each spouse receives property of an equal net value (La. R.S. 9:2801). When they do agree, they can partition the community themselves by written agreement.
- 4
Louisiana has no statewide formula for spousal support. A court sets final periodic support by weighing the factors in La. Civ. Code art. 112, such as income and means, earning capacity, health and age, and the duration of the marriage. The sum awarded cannot exceed one-third of the obligor's net income.
- 5
Child support follows Louisiana's statewide guideline schedule (La. R.S. 9:315.19). Parents may agree on an amount, but custody and child support are decided in the best interest of the child, stay subject to court approval, and remain modifiable, so they cannot be bargained away.
- 6
A property or matrimonial agreement in Louisiana is made by authentic act or by an act under private signature duly acknowledged by the spouses (La. Civ. Code art. 2331). The property-settlement portion is customarily executed as an authentic act before a notary and two witnesses.
- 7
A no-fault Louisiana divorce requires the spouses to live separate and apart continuously for 180 days when there are no minor children, or 365 days when there are minor children of the marriage (La. Civ. Code art. 103.1). Settling early cannot shorten that period.
Key decisions before you file
Before you file a Marital Settlement Agreement in Louisiana, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Louisiana Requirements for Marital Settlement Agreement
Community Property, Undivided One-Half Interest
Louisiana is a community property state. Each spouse owns a present undivided one-half interest in the community property (La. Civ. Code art. 2336). Property acquired during the marriage is generally community property owned equally by both spouses.
Partition at Equal Net Value
On divorce the community is partitioned. When the spouses cannot agree, the court divides the community assets and liabilities so that each spouse receives property of an equal net value (La. R.S. 9:2801). When they agree, they can partition the community themselves by written agreement.
No Statewide Spousal Support Formula
Louisiana has no statewide formula for spousal support. A court sets final periodic support by weighing the factors in La. Civ. Code art. 112, such as income and means, earning capacity, health and age, and the duration of the marriage.
Final Support Capped at One-Third of Net Income
The sum awarded for final periodic support cannot exceed one-third of the net income of the paying spouse (La. Civ. Code art. 112). The parties can set support terms they both accept, subject to the court review and that one-third cap.
Child Support Follows the Guideline
Child support follows Louisiana statewide guideline schedule (La. R.S. 9:315.19), applied to the parents combined income and number of children. Parents may agree on an amount, but custody and child support are decided in the best interest of the child and cannot be bargained away.
Custody and Child Support Stay Modifiable
Custody and child support terms in a Louisiana marital settlement agreement remain subject to court approval and can be modified later in the best interest of the child. These terms are never fixed the way a property partition can be.
Executed by Authentic Act
A property or matrimonial agreement is made by authentic act or by an act under private signature duly acknowledged by the spouses (La. Civ. Code art. 2331). The property-settlement portion is customarily executed as an authentic act before a notary and two witnesses.
No-Fault Living-Apart Period
A no-fault Louisiana divorce requires living separate and apart continuously for 180 days when there are no minor children, or 365 days when there are minor children of the marriage (La. Civ. Code art. 103.1). Settling early cannot shorten that period.