Property Division
Enhance Your Financial Protection During Divorce
New Orleans Property Division Attorney
Property Division is Complex – You Need A Louisiana Divorce Attorney That Will Protect Your Assets
Whether you and your former spouse have amassed substantial assets or faced financial challenges during your marriage, property division is a key part of nearly every divorce in Louisiana. Louisiana law gives courts broad discretion to divide marital property, with fairness and equity being the guiding principles. This means that while both parties should be treated fairly, the court is not required to divide assets equally, nor can a judge base decisions on personal biases toward either party.
What is Marital Property?
A common issue in Louisiana divorces is determining what qualifies as "marital property." Only marital assets are subject to division, meaning property acquired before the marriage is generally not included. Marital property consists of assets obtained during the marriage, regardless of which spouse’s efforts contributed to their acquisition. This can include:
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Personal property such as clothing, cars, books, and other tangible goods
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Real estate
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Collectibles, such as coins, firearms, and other valuable items
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The value of a business, if either or both spouses started it during the marriage
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Properly identifying all marital property is crucial for a fair division. For this reason, it is advisable to consult with an experienced Louisiana divorce attorney.
What Happens to Marital Property When a Divorce is Filed?
Since divorces can take months or even years to finalize, courts often issue temporary orders to govern the parties during this period. These temporary orders typically require both spouses to preserve marital assets and avoid disposing of them. This means that neither party can:
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Sell marital assets without the court’s approval
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Put marital property at unreasonable risk of destruction or theft (for example, leaving a spouse’s belongings out in the open)
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Donate or gift marital assets to friends or family
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Destroy marital assets
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Any violation of these temporary orders can result in contempt of court penalties, and the violating party may receive a smaller portion of the remaining marital assets.
How Does a Court Determine How to Divide Marital Assets?
Louisiana law directs courts to consider all relevant factors when determining how to divide marital assets. These factors include:
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The contribution of each spouse to acquiring or increasing the value of the asset;
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The value assigned to each asset by the parties;
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The economic circumstances of each spouse;
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Any agreements made between the parties;
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Other pertinent factors or circumstances.
Since property division orders are typically final once issued, it is crucial that the court be fully informed of all circumstances and facts in your divorce.
Contact Rousell Law Today for Help
Whether you're considering filing for divorce or have already been served by your spouse, the experienced Louisiana divorce attorneys at Rousell Law Firm are here to protect your rights and guide you every step of the way. We work tirelessly to help you preserve your assets, advocate for or challenge spousal support, and pursue the custody arrangement that's best for your children. Call us today at (504) 221-1616 or contact us online to schedule a consultation.
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At Rousell Law Firm, we blend compassionate guidance with thoughtful legal strategy. Our attorneys take the time to understand your individual needs, craft a customized plan, and deliver a clear path forward — offering straightforward expectations, transparent pricing, and practical timelines.
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Joelann S. Rousell, J.D., MBA
Managing Attorney
Attorney Rousell is a dedicated and skilled legal professional committed to providing exceptional representation for clients facing family law, immigration, personal and other legal matters.
Arielle M. Lewis, J.D.
(Of Counsel)
Attorney Lewis (Of Counsel) assists the Rousell Law Firm with all family matters, such as: divorce, child custody, child support, and community property matters.
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