From April 2010, Sophisticated Woman Magazine - REALITY SHOWS US that divorce has been with us for centuries and will be with us into the foreseeable future. One of the issues that must be addressed when contemplating divorce is whether spousal support is due in connection with the dissolution of the marriage or not. If so, in what amount?

There is an old Chinese proverb that says, “Fool me once, shame on you; fool me twice, shame on me.” I saw this played out recently in a marriage dissolution case that came to me late in the process. It turned out that one of the spouses, the husband in this case, had issues with control and manipulation of his spouse in the marriage. When the wife decided to leave the marriage, he convinced her that she did not need an attorney and that he would hire one to take care of the legal work for both of them. A petition for divorce was filed by the husband in which the issue of interim spousal support was not addressed. I immediately filed a pleading to put that issue before the court. However, months of entitlement to this interim spousal support were lost because she trusted the husband to treat her right (fool me twice).

Louisiana law provides the right to either spouse to claim interim spousal support (formerly alimony pendente lite) during the period between the filing of suit for divorce and the judgment of divorce. Louisiana Civil Code article 113 provides that a spouse may be awarded an interim spousal support allowance based on the needs of that spouse, theability of the other spouse to pay, and the standard of living of the spouses during the marriage. Absent a pending demand for final spousal support, an award of an interim spousal support allowance terminates six months after the rendition of a judgment of divorce. The spouse seeking interim spousal support bears the burden of proving his or her entitlement to it. This type of support is designed to preserve and continue the status quo insofar as maintenance and support are concerned.

In the example above, the wife lost those months of support because she hesitated in learning what her rights were on this issue.

In the unfortunate event that your marriage seems destined to terminate, don’t hesitate to seek legal counsel to learn what your rights are to make sure you don’t miss out on important deadlines and benefits.

Author: Bill Magee Bill Magee is a local attorney with over 31 years of legal experience and whose practice includes family law and civil litigation. His office is located at 207 East Gibson St. in Covington. Bill can be contacted at 985-893-7550 or via email at bill@wmageelaw.com.

From January 2010, Sophisticated Woman Magazine – THERE IS A JOKE circulating on e-mail where a man asks the question, “Why is divorce so expensive?” The other man responds, “Because it is worth it!” This does get a laugh on the surface, but when you consider what the real cost is to the families, to the community and to our culture, it may not be so funny after all.

Knowing and seeing how devasting divorce can be for all parties, especially children, it seemed appropriate to address the real costs of divorce so you could determine whether it is really worth it. Frequently, I hear comments from friends and clients who have gone through a divorce that if they knew then what they know now, they would have done whatever was necessary to attempt to save their marriage.

So, what are the true “costs” of divorce? Of course, the legal fees and court costs are certainly at the top of the tangible costs. Two families living apart is much more expensive than one family living together. But what about the emotional cost? Statistically speaking, the further away you get from God’s design for marriage, a man and a woman who come together and commit to love one another for life, the greater the incidence of social, psychological and economic problems for the spouses and the children. Your children will be scarred for life! Our culture is being destroyed little by little every time a marriage is broken. (For further support for why marriage is important and research on the negative impacts divorce imposes on
children, contact joy@wmageelaw.com)

If you have children and choose to divorce, you are then opening up the family to a third party (the new spouse of the other divorced parent) that will have to interact with and have a lasting impact on your children, and you will have no input into who that person will be. How will that impact you and your children and other extended family members at holidays, graduation, birthday parties, weddings, etc? My informal research leads me to conclude that it can be, and usually is, devastating.

It is clear that most, not all, divorces can be avoided if the parties lay aside their personal agendas and egos and put their partner, the marriage and their children at the top of the priority list. If you have children and want them to be the best they can be, you will do whatever it takes to keep a stable home environment for them. If you need help with resources designed to encourage and support your desire to save or build on your marriage, I suggest you contact www.familylife.com.

Author: Bill Magee Bill Magee is a local attorney with over 31 years of legal experience and whose practice includes family law and civil litigation. His office is located at 207 East Gibson St. in Covington. Bill can be contacted at 985-893-7550 or via email at bill@wmageelaw.com.