What Am I Entitled to in a Divorce in Louisiana?

Divorce Attorney Jefferson Parish

If you're considering divorce or just beginning the process in Jefferson Parish or the Metairie area, one of the first questions you’re probably asking is: What am I entitled to? It’s a good question—and the answer can vary depending on your unique situation. At Moisant Law Firm, we help clients understand their rights and options so they can move forward with clarity and confidence.

Understanding Community Property in Louisiana

Louisiana follows community property law, which means that most assets (and debts) acquired during the marriage belong equally to both spouses. This includes:

• Income from either spouse

• Homes and cars purchased during the marriage

• Retirement accounts and savings

• Any debts taken on while married

  
  

When it's time to divide things, the court usually starts with a 50/50 split. But that doesn’t always mean each asset is literally divided in half it often means one spouse may keep the home while the other receives a greater portion of cash or other property to balance things out.

Understanding Community Property in Louisiana

Louisiana follows community property law, which means that most assets (and debts) acquired during the marriage belong equally to both spouses. This includes:

• Income from either spouse

• Homes and cars purchased during the marriage

• Retirement accounts and savings

• Any debts taken on while married

  
  

When it's time to divide things, the court usually starts with a 50/50 split. But that doesn’t always mean each asset is literally divided in half it often means one spouse may keep the home while the other receives a greater portion of cash or other property to balance things out.

What Counts as Separate Property?

Not everything gets split. You’re usually entitled to keep your separate property, which includes:

• Assets you owned before the marriage

• Inheritances or personal gifts received during the marriage

• Settlements from personal injury claims (in most cases)

  
  

However, if separate property gets mixed in with community property say, you use joint funds to renovate a home you owned before marriage that can get complicated. A skilled Metairie divorce attorney can help sort that out and make sure you get what you're entitled to.

Spousal Support: Are You Eligible for Alimony?

If you’ve been financially dependent on your spouse maybe you stayed home with the kids or put your career on hold you might qualify for spousal support (also called alimony).

Louisiana recognizes two types:

• Interim spousal support during the divorce process

• Final spousal support after the divorce is finalized

The court will consider income, earning potential, standard of living during the marriage, and whether either party was at fault. If you’ve made sacrifices for the family, that can play a role in what support you receive.

What Happens to the Family Home?

For many families, the house is the biggest asset—and the biggest question mark in a divorce. Whether you or your spouse keep the home depends on a few things:

• Who bought the home and when

• Whether it was purchased with community funds

• Who will have primary custody of the children (if any)

• Each spouse’s ability to afford the home

Sometimes the best solution is to sell the home and divide the proceeds. Other times, one spouse stays in the home, at least temporarily, while the other receives a fair share of other assets.

Custody and Child Support Considerations

If you have children, custody and child support will be major parts of your divorce. Louisiana courts prioritize what’s in the best interest of the child, and usually aim for shared custody unless there are safety concerns.

Child support is based on both parents’ incomes, how much time the child spends with each parent, and specific needs like medical care or school expenses. We’ll help you make sure your rights and your children’s best interests are fully protected.

Don’t Forget Retirement Accounts and Investments

Retirement accounts like 401(k)s and pensions can be easy to overlook but they’re often among the most valuable marital assets. If any part of your or your spouse’s retirement was earned during the marriage, it’s likely subject to division. This might require a Qualified Domestic Relations Order (QDRO) to divide the funds without tax penalties.

Having an experienced Jefferson Parish family law attorney ensures that these assets are handled properly and that nothing important gets left out.

You Deserve a Fair Outcome

Divorce is never easy, but you don’t have to go through it blindly. The more you understand your rights, the better you can plan for what comes next. Every case is different and what’s fair for one person might not be right for you. That’s why it’s important to have a legal advocate who can give you personalized guidance.

At Moisant Law Firm, we help clients in Metairie, Kenner, Gretna, and throughout Jefferson Parish navigate divorce with confidence. Whether you’re concerned about property division, spousal support, or custody, we’re here to protect your peace of mind.

Ready to understand what you're entitled to in a Louisiana divorce?

Reach out to Moisant Law Firm today for a confidential consultation with a trusted Metairie divorce and family law attorney.