Overview
Louisiana is a community property state, but its system is rooted in French and Spanish civil law rather than the common-law tradition followed by other states. The legal framework is called the “matrimonial regime,” and the default is the community of acquets and gains. Louisiana also uniquely offers covenant marriage — a separate legal status that limits grounds for divorce and adds pre-divorce counseling requirements.
What Counts as Marital Property?
Under Louisiana’s community property regime, all property acquired during the marriage through the effort, skill, or industry of either spouse is community property. This includes wages, business profits generated during marriage, and property purchased with community funds. Debts incurred during the marriage for community purposes are also community obligations shared equally.
What Stays Separate?
Separate property includes assets owned before the marriage, gifts and inheritances received by one spouse, and damages awarded for personal injury (other than lost wages). Property acquired with separate funds and kept clearly apart remains separate. Unlike some community property states, Louisiana does not automatically treat income from separate property as community property under all circumstances — the classification can depend on the nature of the asset.
Prenuptial Agreements in Louisiana
Louisiana calls prenuptial agreements matrimonial agreements, governed by Civil Code Art. 2329. Parties may modify or entirely exclude the default community property regime before or during the marriage. A matrimonial agreement must be in writing and signed before a notary and two witnesses before the marriage. After marriage, modification of the regime requires court approval unless both parties consent and at least one year has passed. Louisiana courts will enforce these agreements if voluntarily made with adequate disclosure.
Key Considerations
- Louisiana’s covenant marriage option requires pre-marital counseling, and divorce is only available on limited grounds (adultery, felony conviction, abuse, or living apart for specified periods).
- The civil law tradition means Louisiana courts look to the Civil Code rather than case law as the primary legal authority.
- Community property in Louisiana is managed jointly; major transactions typically require both spouses’ consent.
- Business owners and those with significant separate property should detail asset classification carefully in a matrimonial agreement.
Key Statutes
- Louisiana Civil Code Art. 2327–2366 (matrimonial regimes and community property)
- Louisiana Civil Code Art. 2329 (matrimonial agreements)
- Louisiana Revised Statutes § 9:272–9:275 (covenant marriage)
This is educational content, not legal advice. Consult a licensed Louisiana family law attorney for guidance specific to your situation.