Louisiana Divorce Property Division

System
Community Property
Default Split
50 / 50
Governing Statute
La. Civ. Code art. 2338

What the Law Says

Louisiana is one of 9 community property states. Property acquired during the marriage belongs to both spouses equally. On divorce, it splits 50/50 unless a specific exception applies. Property owned before the marriage, gifts, and inheritances stay with the original owner.

Louisiana is a community property state. Property acquired during the marriage through the effort, skill, or industry of either spouse constitutes community property, divided equally upon divorce.

Statutory Factors (La. Civ. Code art. 2338)

Louisiana courts are required to consider:

  1. Property acquired during marriage is community property
  2. Property owned before marriage is separate
  3. Gifts and inheritances are separate
  4. Commingling may affect classification
  5. Community estate divided equally or justly
  6. Debt characterization follows state rules

Common Questions

Louisiana: community property or equitable distribution?

Community property. La. Civ. Code art. 2338 presumes a 50/50 split of everything acquired during the marriage.

What factors does a Louisiana court weigh?

La. Civ. Code art. 2338 lists 6 factors. The first three: Property acquired during marriage is community property, Property owned before marriage is separate, Gifts and inheritances are separate. The full list is above.

Does Louisiana split retirement accounts in a divorce?

Yes. 401(k)s and pensions earned during the marriage are community property. Dividing them usually requires a QDRO (Qualified Domestic Relations Order).

ClearSplit runs Louisiana's community distribution rules on your actual assets and debts.

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Source: La. Civ. Code art. 2338 AI draft · Full law library entry