How Louisiana Divides Property in a Divorce (2026)

Louisiana's community property system — the community of acquets and gains — presumes equal ownership of all property acquired during the marriage. At divorce, the community property is divided equally. But the division doesn't happen automatically — it requires a formal partition.

The Community of Acquets and Gains — La. Civ. Code Art. 2338

Community Property (Equal Ownership — 50/50)

All property acquired during the marriage through the effort, skill, or industry of either spouse:

• Wages, salaries, self-employment income
• Property purchased with community funds
• Retirement contributions made during the marriage
• Community debts (both spouses are solidarily liable)
• Fruits (income) from community or separate property during the marriage

Separate Property — La. Civ. Code Art. 2341

Property that is not divided at divorce:

• Property owned before the marriage
• Property acquired by donation (gift) to one spouse during the marriage
• Property acquired by inheritance (succession) by one spouse
• Damages for personal injuries (pain and suffering; medical expenses reimbursed from community funds may be community)
• Property acquired with separate property proceeds (if properly documented)

Commingling: Mixing separate and community funds can convert separate property to community. Document the origin of all significant separate property carefully.

The Critical Article 102 Date

Under Article 102, the community of acquets and gains terminates retroactively to the date the Petition is filed. This means:

• Income earned by either spouse after the filing date is their separate property
• Property acquired with post-filing earnings is separate property
• The marital community is effectively frozen as of the filing date

This is the single most important reason to file Article 102 promptly when one spouse begins earning significant income or acquiring assets. Every day you delay is a day more community property is being created.

The Partition — Two Separate Steps

Louisiana divorce has two steps that many people conflate:

1. Judgment of Divorce — terminates the marriage
2. Partition of the community — divides the community property

These are legally separate proceedings. The divorce does NOT automatically divide the community property. If you get divorced without partitioning, the community property remains held in indivision (co-owned) indefinitely — a problematic situation.

Option 1 — Extrajudicial partition (preferred): The parties agree on the division and execute a Spousal Agreement or Act of Partition that is recorded with the parish Clerk of Court. This is the fastest and cheapest approach.

Option 2 — Judicial partition: Court orders the division after a hearing. Used when parties cannot agree. Can take years and is expensive.

Spousal Support in Louisiana

Louisiana has two distinct types of spousal support:

Interim Spousal Support (Pendente Lite)

Support during the divorce proceedings. Standard: the spouse in need may receive interim support. Fault is NOT a bar to interim support.

Final Spousal Support (Post-Divorce)

Support after the divorce. Standard: the court considers:

• The claimant spouse's needs
• The obligor spouse's ability to pay
• The duration of the marriage
• The claimant's earning capacity
• The standard of living
• Fault — in Louisiana, a spouse who is at fault in the dissolution of the marriage may be denied final spousal support

Fault and final spousal support: A spouse who committed adultery, abandonment, or other fault conduct may be denied final spousal support. Fault is a bar to receiving final (but not interim) spousal support.

Retirement Account Division

• Employer plans (401k, 403b, pension): QDRO required after Judgment of Divorce
• IRAs: Transfer incident to divorce — no QDRO; direct transfer
• Louisiana State retirement systems (LASERS, TRSL, etc.): Specific partition procedures — consult those systems' offices

The community portion of retirement = contributions and earnings from the date of marriage to the date the community terminated (Article 102 filing date).

Last reviewed: March 2026 | La. Civ. Code Art. 2338 (community property) | Community terminates on Article 102 filing date | Partition is a separate proceeding | Fault bars final spousal support | louisianalawhelp.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.