About The Division Of Property And Debts In A Louisiana Divorce

Last updated on January 28, 2025

All assets accumulated by you and your spouse during your marriage are considered community property in Louisiana. “Partition” is the term we will use to refer to the division of your possessions as the central feature of your divorce. Other issues involved in your divorce may include spousal support or maintenance, child custody and child support.

Depending on how complex your assets are, the valuation of assets and partition negotiations may take a few weeks to several months or longer. At Clary | Suba | Neale, we pay attention to our clients’ priorities while guiding them through the process of community property partition.

What Are Your Primary Concerns Regarding Community Property Partition?

As mentioned above, the division of marital assets in a Louisiana divorce is known as community property partition. The way you divide your marital property may be voluntary if you and your spouse reach an agreement on the terms. But a judge may need to decide on the details if either of you disagrees with the proposed community property partition with respect to:

• The marital home
• Other real estate
• Cars and other vehicles
• Household goods
• Pets
• Financial accounts, including retirement funds, if applicable
• Stocks, bonds and other investments
• Business assets

Each family’s circumstances and assets and each spouse’s priorities are unique. At Clary | Suba | Neale, we listen carefully to get a clear understanding of which assets someone hopes to keep. Then we design strategies accordingly for dividing property in a divorce.

What Factors Do Courts Consider When Determining Property Division In Louisiana?

In Louisiana, property division in divorce cases follows a community property system. The court evaluates several factors when determining how assets and debts are divided:

• Earning capacity of each spouse: If one spouse has a higher earning potential, the other may receive more property to help ensure financial stability. This is especially relevant if one spouse stays home or sacrifices career opportunities to support the family.
• Custody of minor children: In cases with minor children, the court considers which spouse will have primary custody. The parent with primary custody may be awarded more assets to meet the children’s needs, especially if they require housing, education or medical care.
• Fault in the marriage: If a spouse is found at fault for the marriage breakdown, like infidelity or abuse, the court may award the other spouse a larger share of the community property. The goal is to compensate for the emotional and financial harm caused by the misconduct.
• Health and age of each spouse: A spouse’s age and health status help determine property division. A spouse in poor health or close to retirement age may be awarded a larger portion of the property to provide for medical care and future needs. This helps ensure both spouses can live comfortably after the divorce.
• Retirement and pension benefits: Pensions, retirement accounts and other benefits accrued during the marriage are considered community property in Louisiana. Courts divide these assets equitably so that both spouses receive their fair share.

Property division is not always a 50/50 split; instead, it is based on what the court deems equitable for both parties.

Important Louisiana Laws On Property Division

Louisiana follows a community property system, meaning assets and debts acquired during the marriage are divided equally. However, certain factors, such as prenuptial agreements and the nature of the property, like separate vs. community, can impact the division.

Separate property, such as gifts or inheritances, remains with the original owner unless commingled. Courts also account for the length of the marriage and each spouse’s financial contribution.

Reach A Reasonable Settlement Or Come Out Strong In Litigation

The outcome of your community property partition may have a very large influence on your life story from now on. If you are concerned about keeping certain property, such as the house or retirement accounts, we can help you determine which of your community assets will appeal most to your spouse. Then we will prepare you for negotiations, mediation or court hearings with a focus on your goals.

Let us advise you on community property partition in your Louisiana divorce. We are a tightknit team of Baton Rouge divorce attorneys with more than 75 combined years of experience. We are equipped to skillfully guide you forward. To reach our family law firm, Clary | Suba | Neale, call 225-228-3694 or send an email inquiry.