Gray Divorce Financial Specialist
Energy royalties, pensions, real estate — Louisiana's 50/50 split requires expertise. This guide shows you what to protect.
Leanne Ozaine, CDFA® & CFP® | Specializing in gray divorce for 50+
Turn Panic Into Power — $97For decades, your family built wealth in Louisiana's energy economy. Royalty checks. Offshore pensions. Mineral rights passed down through generations.
Now you're supposed to divide it all — in a state with the most complex property laws in America. Louisiana's French Civil Law system doesn't work like any other state. The "fruits and revenues" doctrine means income from your inherited mineral rights could be community property. Your spouse's offshore pension has special division rules.
The spouse who understands Louisiana's Civil Code has every advantage. They know which assets are separate. They know which income streams are community property. They can make a terrible offer sound reasonable.
Women over 50 face a 45% drop in standard of living after divorce. In Louisiana's energy families — where wealth is concentrated in complex assets like mineral rights and industry pensions — getting the division wrong can cost hundreds of thousands.
You don't need to become an expert in Louisiana Civil Code overnight. You need someone in your corner who already is one — someone who can decode royalty valuations, trace community vs. separate property, and show you exactly what you're entitled to.
If you're over 50 and facing divorce in Louisiana, you're dealing with something completely unique in American law: Louisiana is the only state that follows French Civil Law tradition rather than English Common Law. This means your divorce operates under fundamentally different legal principles than anywhere else in the United States.
For gray divorce—where your children are typically grown and financially independent—the entire focus becomes protecting and dividing decades of accumulated wealth under Louisiana's distinctive community property regime. And if you've never personally managed household finances, this legal complexity can feel overwhelming.
Why Louisiana is different: Louisiana uses unique terminology (the "community of acquets and gains" instead of "community property"), has the "fruits and revenues" doctrine that can make income from your separate property community property, requires property division "in kind" when possible, and operates under a fault-based spousal support system where adultery can bar alimony entirely.
For Louisiana's oil and gas families: If your household wealth includes royalty interests, mineral rights, or oil/gas industry pensions, the division becomes even more complex. These assets require specialized valuation and understanding of both Louisiana Civil Code and industry-specific considerations.
The fear-to-strength progression: Right now, you might be feeling panic about navigating a legal system unlike anywhere else while protecting your financial future. That's completely normal. But here's what we do together: we translate Louisiana's unique Civil Code into clear financial strategies, protect your separate property rights, and build a post-divorce financial plan that gives you confidence and security.
Louisiana doesn't use the term "community property" the way other states do. Instead, the Louisiana Civil Code refers to the "community of acquets and gains"—but functionally, it's a community property system requiring equal division.
What counts as community property in Louisiana:
What counts as separate property in Louisiana:
This could cost you hundreds of thousands of dollars if you don't understand it.
Here's what makes Louisiana completely different from every other state: Income generated from your separate property during marriage may be classified as community property. This is called the "fruits and revenues" doctrine.
Example: You inherited a rental property from your parents during your marriage. The property itself is your separate property—but the rental income generated during your marriage? That's community property subject to 50/50 division.
Another example: You owned stock worth $500,000 before marriage. During your 20-year marriage, those stocks paid $200,000 in dividends. The $500,000 principal remains your separate property, but the $200,000 in dividends is community property.
Types of "fruits" under Louisiana law:
Why this matters for gray divorce:
The exception: If you have a matrimonial agreement (prenup or postnup) that specifically classifies fruits and revenues as separate property, they can be protected. Otherwise, they're community property.
For those new to finances: This means that even if an asset is completely yours—inherited from your parents or owned before marriage—the income it produces during marriage gets split 50/50 in divorce. This is unique to Louisiana and requires careful financial tracking.
Louisiana law requires community property to be divided "in kind" when possible—meaning actual physical division of the asset itself, not just equal value.
What this means practically:
Why this matters: This gives you more flexibility in negotiating asset division. You can often keep specific assets intact rather than liquidating everything.
Louisiana's economy has deep ties to oil, gas, and petrochemical industries. Many gray divorce cases involve pensions, retirement benefits, or deferred compensation from companies like Shell, Chevron, ExxonMobil, and countless smaller energy companies.
Key pension division issues:
Critical timing issue: Did the pension vest before or during marriage? Louisiana's classification rules matter enormously for determining community vs. separate portions.
Louisiana property ownership often includes surface rights, mineral rights, and severance rights as distinct legal interests. These can be owned separately and valued independently.
Classification challenges:
Valuation complexity: Mineral rights and royalty interests require specialized appraisal considering production history, estimated reserves, current prices, and lease terms.
For those new to finances: If your family owns "mineral rights," this means you own what's underground (oil, gas, minerals) separately from who owns the surface land. These can be inherited, sold, or leased—and they can be worth substantial amounts.
Louisiana follows community property rules for retirement division, but with Civil Code classifications:
Social Security for marriages 10+ years: Federal law allows you to claim benefits based on your ex-spouse's earnings record. This is especially important if you didn't work outside the home or earned significantly less.
QDROs in Louisiana: The Qualified Domestic Relations Order must comply with Louisiana community property principles and properly classify separate vs. community portions.
Whether in New Orleans, Baton Rouge, or along the bayous, real estate requires careful classification under Louisiana law:
Commingling issues: If you used both separate and community funds for down payment, mortgage payments, or improvements, the property may be partially separate and partially community.
For gray divorce: Can you afford to keep the house on one income? How does this affect your retirement security? What are the tax implications of selling vs. keeping?
If you or your spouse owns a business—whether a medical practice in Metairie, law firm in Lafayette, or shrimping business in Houma—valuation becomes critical.
Louisiana's classification approach:
Active vs. passive appreciation: Did the business value increase due to market forces (separate) or due to spouse's efforts during marriage (community)?
This is where Louisiana gets really different: Louisiana operates a fault-based spousal support system.
Critical rule: If you committed adultery, you are barred from receiving alimony entirely—even if you're 65 years old and haven't worked in 30 years. Adultery is an absolute bar to spousal support in Louisiana.
Types of spousal support in Louisiana:
The 1/3 limit: Alimony cannot exceed one-third of the obligor's net income. This is a hard cap under Louisiana law.
Termination events:
For gray divorce: If you're older and have been out of the workforce for decades, proving inability to become self-supporting is critical—unless you've committed adultery, in which case alimony is simply not available.
Louisiana courts distinguish between active and passive appreciation when determining whether increases in separate property value are community or separate:
Passive appreciation (remains separate):
Active appreciation (becomes community):
The burden of proof: The spouse claiming appreciation is separate (passive) must prove it. This requires documentation, expert testimony, and careful tracing of value increases.
Many of our Louisiana clients—particularly women over 50—are managing household finances for the first time during their divorce. If your spouse handled all financial decisions for 20, 30, or 40 years, you're not alone in feeling overwhelmed.
Common fears we address:
Our approach: We start wherever you are. No judgment. No assumptions. Just clear, patient education combined with strategic financial planning to protect your future.
Louisiana has its own tax structure that affects divorce financial planning:
Specialized guidance for Louisiana's major metropolitan regions:
Louisiana divorce financial planning isn't just about numbers—it's about navigating a legal system unlike anywhere else in America:
The bottom line: Generic divorce financial advice from other states simply doesn't work in Louisiana. You need expertise in Louisiana Civil Code, Louisiana divorce procedure, and Louisiana-specific financial planning considerations.
If you're facing gray divorce in Louisiana, here's how to move forward:
You don't have to navigate this alone. We specialize in helping Louisiana clients—particularly those over 50 managing finances for the first time—understand their options, protect their assets, and build confident financial futures.
The 5-step system that shows you what you'll actually live on, so you stop guessing and start knowing.
Calculate your real post-divorce income — including energy royalties, pension benefits, and asset division — so you negotiate from facts, not fear.
Document gathering checklists tell you exactly what to bring to your attorney — so you walk in prepared, not panicked.
Map out your real expenses as a single person — before you fight for something you can't actually maintain.
The asset identification system helps you find accounts and property you might not even know exist.
22-page guide + video tutorials + checklists + templates
$97
Instant access. 100% money-back guarantee.
Get the Clarity You Need — $97Get expert guidance on Louisiana's unique community property system, fruits and revenues doctrine, and gray divorce financial planning.
Turn Panic Into Power — $97 Schedule a Consultation