Comment by Catherine N. Garvey
In Louisiana, article 160 of the Civil Code is the principle legislation governing the regulation of alimony after divorce. The article specifically grants discretion to the court to award a spouse, who has not been at fault and whose means are insufficient for support, an allotment out of the property and earnings of the other spouse, not exceeding one-third of his or her income. While this article has undergone considerable revision since its original enactment in 1827, the law has consistently required the dependent spouse to prove freedom from fault as a prerequisite to an award of permanent alimony. Although fault plays a central role in the imposition of legal liability throughout the Code, nowhere is it more important than in alimony in which the fault of the claimant spouse becomes the dispositive inquiry. To evaluate whether fault remains a valid determinant of the right to alimony, this comment will examine both the doctrinal underpinnings and the judicial application of fault in the context of article 160.
About the Author
Catherine N. Garvey.
Citation
57 Tul. L. Rev. 351 (1982)