The earning capacity of an unemployed, divorced wife does not bar her from alimony under Article 160 of the Louisiana Civil Code.
Husband and wife got divorced. The district court found the wife to be free from fault and awarded her alimony in the amount of $800.00 per month. The husband appealed, and the Court of Appeals set aside the district court judgement and remanded the case so that the parties might introduce evidence regarding the wife’s ability to support herself.
Does the earning capacity of an unemployed, divorced wife bar her from alimony absent a compelling reason that prevents her from accepting employment?
The Court reversed the judgement of the Court of Appeals and the judgement of the district court was reinstated. It relied on Ward v. Ward, La., 334 So.2d 430 (1976) to say that it does not bar her from alimony for the same reasons laid out in that opinion. The district court’s award of $800.00 per month was not an abuse of discretion.