Louisiana Senate Bill SCR106

Louisiana 2010 Regular Session

• Introduced: 6/7/10
• Passed: 6/8/10
• Engrossed: 6/9/10

Caption

Requests the Louisiana State Law Institute to study and provide recommendations relative to the laws regarding spousal support.

Impact

The resolution aims to address specific concerns regarding spousal support by taking into consideration various factors, such as the standard of living during the marriage, marital misconduct, and the needs of the parties involved. Currently, laws stipulate that a spouse must be free from fault to receive final support, which can lead to unfair outcomes in some situations. By calling for a review, the SCR106 proposes reevaluation of these stipulations and encourages a more nuanced understanding of the individuals' circumstances during divorce proceedings. This could potentially lead to amendments in state laws that enhance the rights of individuals seeking support post-divorce and ensure legal standards are kept up-to-date with social expectations.

Summary

SCR106 is a concurrent resolution that urges and requests the Louisiana State Law Institute to conduct a comprehensive study on the laws governing spousal support. Specifically, it seeks an evaluation of the existing framework around awarding spousal support during divorce proceedings and thereafter, with the aim to identify potential gaps or inequities that may exist in the current statutes. The bill emphasizes examining how factors such as fault should be considered in spousal support decisions, highlighting the need for a more fair and equitable approach in determining support obligations. The resolution suggests a report to be presented to the legislature before the 2011 Regular Session, which would include any recommendations for legislative changes, if deemed necessary.

Sentiment

The general sentiment around SCR106 appears to endorse the idea of reforming spousal support laws to ensure they reflect fairness and justice. While specific legislative debates weren't highlighted in the text reviewed, the intent of the resolution indicates a proactive approach to renewing and revising laws, which typically garners support from legislators sensitive to issues of family law and individual rights. However, discussions in the legislature may reveal varying opinions, particularly between those who advocate for maintaining the status quo and those pushing for reforms that align more closely with the complexities of modern relationships and divorce scenarios.

Contention

One notable point of contention surrounding SCR106 likely revolves around the legitimacy of fault as a determining factor for spousal support. Proponents of reform argue that removing fault as a complete bar from receiving support could lead to fairer outcomes in divorce settlements, while opponents may contend that it could undermine accountability in marital relationships. The resolution’s directive for the Louisiana State Law Institute to explore the laws also suggests that there may be inconsistencies with how the current statutes operate in practice versus how they are intended, highlighting a need for thoughtful legislative scrutiny.