They may, however, subject themselves to the legal regime by a matrimonial agreement at any time without court approval. During the first year after moving into and acquiring a domicile in this state, spouses may enter into a matrimonial agreement without court approval. LESION Lesion: A contract may be annulled on grounds of lesion only in those cases provided by law. When the family residence is the separate property of either spouse, after the filing of a petition for divorce or in conjunction therewith, the spouse who has physical custody or has been awarded temporary custody of the minor children of the marriage may petition for, and a court may award to that spouse, after a contradictory hearing, the use and occupancy of the family residence and use of community movables or immovables pending the partition of the community property or one hundred eighty days after termination of the marriage, whichever occurs first. Nevertheless, in the interest of justice, that evidence may be admitted to prove such circumstances as a vice of consent, or a simulation, or to prove that the written act was modified by a subsequent and valid oral agreement. In these cases, the court shall inquire into the relative economic status of the spouses, including both community and separate property, and the needs of the children, if any, and shall award the use and occupancy of the family residence and the use of any community movables or immovables to the spouse in accordance with the best interest of the family. Contractual regime; matrimonial agreement: A matrimonial agreement is a contract establishing a regime of separation of property or modifying or terminating the legal regime. THE LEGAL REGIME OF COMMUNITY OF ACQUETS AND GAINS SECTION 1. Ownership of community property: Each spouse owns a present undivided one-half interest in the community property. TERMINATION OF THE COMMUNITY Causes of termination: The legal regime of community property is terminated by the death or judgment of declaration of death of a spouse, declaration of the nullity of the marriage, judgment of divorce or separation of property, or matrimonial agreement that terminates the community. The same rule applies to an obligation for attorney’s fees and costs in an action for divorce incurred by a spouse between the date the petition for divorce was filed and the date of the judgment of divorce that terminates the community regime. Except as provided in Paragraph C of this Article, a judgment decreeing separation of property terminates the regime of community property retroactively to the day of the filing of the petition or motion therefor, without prejudice to rights validly acquired in the interim between filing of the petition or motion and rendition of judgment. If a judgment has been rendered on the ground that the spouses have lived separate and apart either after the filing of a petition for divorce without having reconciled or for six months, a reconciliation reestablishes the regime of community property between the spouses retroactively to the day of the filing of the motion or petition therefor, unless prior to the reconciliation the spouses execute a matrimonial agreement to the contrary. Satisfaction of obligation after termination of regime: An obligation incurred by a spouse before or during the community property regime may be satisfied after termination of the regime from the property of the former community and from the separate property of the spouse who incurred the obligation. It can govern everything from financial support to relations between the parties.This can include dating, permitting each party to see other people without a fear of legal action or loss of support.
Note: This summary is not intended to be an all inclusive discussion of the law of separation agreements in Louisiana, but does include basic and other provisions. Kinds of matrimonial regimes; A matrimonial regime may be legal, contractual, or partly legal and partly contractual. The provisions of the legal regime that have not been excluded or modified by agreement retain their force and effect. Spouses may enter into a matrimonial agreement that modifies or terminates a matrimonial regime during marriage only upon joint petition and a finding by the court that this serves their best interests and that they understand the governing principles and rules. Minors: Unless fully emancipated, a minor may not enter into a matrimonial agreement without the written concurrence of his father and mother, or of the parent having his legal custody, or of the tutor of his person. The legal regime of community of acquets and gains applies to spouses domiciled in this state, regardless of their domicile at the time of marriage or the place of celebration of the marriage. During the existence of the community property regime, the spouses may, without court approval, voluntarily partition the community property in whole or in part. Community property: The community property comprises: property acquired during the existence of the legal regime through the effort, skill, or industry of either spouse; property acquired with community things or with community and separate things, unless classified as separate property under Article 2341; property donated to the spouses jointly; natural and civil fruits of community property; damages awarded for loss or injury to a thing belonging to the community; and all other property not classified by law as separate property. It comprises: property acquired by a spouse prior to the establishment of a community property regime; property acquired by a spouse with separate things or with separate and community things when the value of the community things is inconsequential in comparison with the value of the separate things used; property acquired by a spouse by inheritance or donation to him individually; damages awarded to a spouse in an action for breach of contract against the other spouse or for the loss sustained as a result of fraud or bad faith in the management of community property by the other spouse; damages or other indemnity awarded to a spouse in connection with the management of his separate property; and things acquired by a spouse as a result of a voluntary partition of the community during the existence of a community property regime. A spouse’s undivided interest in property otherwise classified as separate property under Article 2341 remains his separate property regardless of the acquisition of other undivided interests in the property during the existence of the legal regime, the source of improvements thereto, or by whom the property was managed, used, or enjoyed. In property in which an undivided interest is held as community property and an undivided interest is held as separate property, each spouse owns a present undivided one-half interest in that portion of the undivided interest which is community and a spouse owns a present undivided interest in that portion of the undivided interest which is separate. A spouse may by written act assume responsibility for one-half of each community obligation incurred by the other spouse. CHAPTER 3–SEPARATION OF PROPERTY REGIME Separation of property regime: A regime of separation of property is established by a matrimonial agreement that excludes the legal regime of community of acquets and gains or by a judgment decreeing separation of property. In the absence of such a provision, each spouse contributes in proportion to his means. The reestablishment of the community is effective toward third persons when a notice thereof is filed for registry in the same manner. If a judgment is rendered on the ground that the spouses were living separate and apart after the filing of a petition for divorce without having reconciled, the judgment shall be effective retroactively to the date the original petition for divorce was filed, without prejudice to rights validly acquired in the interim between filing of the petition or motion and rendition of judgment. Case Law: The community property settlement agreement is in authentic form when it has been executed before a notary public and two witnesses in conformity with La.
If applicable, the court shall consider the granting of the occupancy of the family home and the use of community movables or immovables in awarding spousal support or child support. A spouse who uses and occupies or is awarded by the court the use and occupancy of the family residence pending either the termination of the marriage or the partition of the community property in accordance with the provisions of R. 4 (A) or (B) shall not be liable to the other spouse for rental for the use and occupancy, unless otherwise agreed by the spouses or ordered by the court. The court may determine whether the family home is separate or community property in the contradictory hearing authorized under the provisions of this Section. If a party is unable or does not know how to sign his name, the notary public must cause him to affix his mark to the writing.
Legal regime: The legal regime is the community of acquets and gains established in Chapter 2 of this Title. Spouses are free to establish by matrimonial agreement a regime of separation of property or modify the legal regime as provided by law. Exclusion or modification of matrimonial regime: Spouses may enter into a matrimonial agreement before or during marriage as to all matters that are not prohibited by public policy. GENERAL DISPOSITIONS Persons; scope of application of the legal regime. Classification of property: Property of married persons is either community or separate, except as provided in Article 2341.1. Nevertheless, neither the community nor things of the community may be judicially partitioned prior to the termination of the regime. Separate property: The separate property of a spouse is his exclusively. Acquisition of undivided interests; separate and community property: A. If a spouse disposes of property of the former community for a purpose other than the satisfaction of community obligations, he is liable for all obligations incurred by the other spouse up to the value of that community property. Expenses of the marriage: Each spouse contributes to the expenses of the marriage as provided in the matrimonial agreement. This agreement need not be approved by the court and is effective toward third persons when filed for registry in the manner provided by Article 2332.
North Carolina law still permits an action for “alienation of affection” against a third party whom the plaintiff feels is responsible for ending the marriage.
Even if you did not begin dating someone until after the date of separation, a suspicious former spouse may see the new boyfriend or girlfriend as the cause of the marriage’s end and bring a court action.