Gavel Insight

Navigating Pension and Retirement Account Division in Louisiana Divorce In Louisiana, divorcing couples face the complex task of dividing their community property. Among the most valuable, and often most complicated, assets are pensions and retirement accounts. These assets represent years of hard work and are crucial for financial security in the future. Understanding how they are divided under Louisiana law is essential to protecting your financial well-being. Louisiana's Community Property Regime: The Foundation of Division Louisiana is a community property state. This means that, with few exceptions, any assets or debts acquired by either spouse during the marriage are considered community property and are generally subject to equal division. Assets owned before marriage, or received through inheritance or donation to one spouse individually, are typically considered separate property. ⚖️ Community Property Defined: Assets acquired from the da...

Understanding Marital Fraud in Louisiana: A Family Law Perspective The bond of marriage is built on trust, but sometimes, that trust is shattered by deceit, particularly concerning finances. While the term "marital fraud" isn't a single, defined cause of action with a specific statute in Louisiana family law, it broadly encompasses deceptive financial actions by one spouse that harm the other, especially concerning community property. These actions can have profound implications during a divorce, affecting everything from asset division to spousal support. In Louisiana, our community property system and the fiduciary duties spouses owe each other provide avenues to address such financial misconduct. This article aims to shed light on what constitutes marital fraud in the context of Louisiana law, the remedies available, and the practical steps you can take if you suspect your spouse has engaged in dishonest financial behavior. Common Scenarios of Fina...