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Last Modified on Dec 26, 2025
Divorce is already a financially uncertain process. The awarding of spousal support can be an additional stressor for some spouses and much-needed support for others. When divorce is handled through the court, the judge makes the final decision on support awards. If couples are handling their divorce through a settlement conference, it’s important to understand how spousal support agreements in Lafayette work.
The Purpose of Spousal Support
Spousal support exists to support a spouse with financial needs. The other spouse, if they have the financial ability, pays them until it is no longer necessary.
The median income for married-couple families in Lafayette was nearly $101,000, compared to the median income of over $59,400. When couples separate, they see an increase in their expenses and a decrease in their income. While some couples had comparable incomes during their marriages, others did not. Spousal support gives support to a spouse with a lower income or fewer resources during or after a divorce.
The Goal of a Divorce Settlement Conference and Spousal Support
A divorce settlement conference enables spouses to negotiate their divorce prior to trial. Also, it helps provide a couple with a cost-effective way of avoiding a lengthy court proceeding and can help save significant court costs, attorney fees, and other litigation-related expenses.
At a settlement conference, each party has their attorney, and a mediator facilitates the process. It provides a more cooperative and private way to obtain a divorce. Divorce settlement conferences may be voluntary, or they may be court-ordered.
Couples can negotiate spousal support, including whether it will be awarded, what is a fair amount, and how long it will be awarded for. If an agreement is reached and the court finds it fair, this will be part of the divorce order. During this process, it’s helpful to have an attorney who can:
- Protect your financial interests.
- Advocate for an agreement that is fair to you.
- Make sure the agreement is likely to be approved by the court.
If couples can’t reach an agreement through the settlement conference, then the decision of whether to award spousal support is up to the court. For Lafayette residents, this will be at the 15th Judicial District Court’s Lafayette Parish Courthouse. The court also determines how much the award should be. Having control over the outcome is one of the many benefits of a settlement conference.
Types of Spousal Support
When couples are negotiating spousal support through divorce settlement conferences, it is important to know the kinds of support that may be available. This is based on what the court could award if the divorce were litigated. Lafayette spousal support laws list two types of spousal support:
- Interim spousal support. This is temporary support awarded during the divorce until shortly after the divorce is finalized.
- Final periodic spousal support. This support is awarded after a divorce, and once any awarded interim support has ended. The court considers several factors when determining how long the support should last and how much it should be.
Couples can decide to have either type of spousal support during negotiations, but it’s important to know the financial ability of each spouse and the other factors the court would consider.
How Does the Court Award Support?
The court primarily assesses whether one spouse needs financial support and whether that spouse is free of fault in the divorce. These factors are also important when couples are negotiating their own support awards.
For interim support, the court considers the following when awarding support:
- The ability of the other spouse to pay
- The standard of living in the marriage
- Any existing award for child support
For final periodic support, the court considers the following for the duration and amount of support:
- Each spouse’s income, means, and liquidity of means
- Any financial obligations of either spouse, such as child support obligations
- Each spouse’s earning capacity
- How child custody could impact that earning capacity
- How long it would reasonably take for the spouse requesting support to obtain education, training, or employment
- Each spouse’s age and health
- How long the marriage lasted
- The tax consequences of spousal support
- Whether there was any act of domestic abuse by the other spouse against the requesting spouse or their children
FAQs
How Do You Win a Settlement Conference?
You shouldn’t be focused on winning a settlement conference. When you decide to begin the process of a divorce settlement conference, it’s more important that you and your spouse work together on the aspects of your divorce. If you begin the process with the goal of trying to win, it can severely harm negotiations. It will also make the settlement conference more likely to fail. Discuss your goals with your attorney and what you can and can’t compromise on.
What Are the Disadvantages of a Settlement Conference?
There are some disadvantages to a settlement conference. One is that it requires both spouses to work together. This does not mean you have to be amicable, but you must be able to negotiate and reach compromises. If either spouse refuses to change their mind on something or discuss any alternatives, the settlement conference will be a waste of time. The support of attorneys and mediators can ease the process, but it can still be difficult.
What Should You Bring to a Divorce Settlement Conference?
For a divorce settlement conference, it is important to bring any information needed to negotiate the:
- Division of assets and debts
- Awarding of spousal support
- Support and custody decisions for children
This includes documentation of your income, property, expenses, bank statements, and debt information. It also includes information about your children’s schooling, medical records, and extracurriculars. Furthermore, you should bring documents concerning the costs of schools, parenting calendars, and anything else that helps you plan a custody agreement.
Why Is It Important to Hire a Spousal Support Lawyer in Lafayette?
It’s essential that you hire a dedicated spousal support lawyer during your divorce process, as they can advocate for your rights. Spousal support does not always have to be a part of divorce, but it should be fair when it is included. If you are divorcing through the court, an attorney can gather evidence and advocate for you to the judge. In a divorce settlement conference, a Lafayette,LA attorney can fight for your financial interests and work toward a reasonable agreement.
Navigating Spousal Support Cases With an Experienced Alimony Attorney
When you begin the process of a divorce settlement conference, it is important that you have strong legal support. Laura L. Davenport, LLC, has more than 18 years of family law experience, and she knows how to protect your financial interests during negotiations for spousal support. Contact our firm today.