I found out that my wife of 35 years has been having an affair(s). What is she entitled to if we divorce?

Hello John, To answer your question, I'll first have to briefly go over a few provisions of Louisiana law regarding the types of divorce and what spouses are entitled to after a judgement of divorce. In Louisiana, there is “fault” and “no fault” divorce. A "no fault" divorce, under Louisiana Civil Code Article 102, requires the spouses to live separate and apart for 180 days if there are no minor children involved, or 365 days if the spouses have children before a divorce judgment may be obtained. These time delays may also be extended if the marriage was entered into as a "covenant marriage". In a no fault divorce, unless a pre-nuptual or post-nuptual agreement is entered into, each spouse is entitled to half of the community property (in short and with some exceptions, the property and assets acquired by both spouses during the marriage) and they have the option of seeking “interim spousal support” (aka “alimony”) during the pendency of the divorce proceedings and/or “final periodic spousal support” after there is a judgment of divorce which will continue thereafter. Spousal support is not guaranteed, is very fact specific, and must be ordered by the court based upon the needs of the supported spouse. In my experience, courts are hesitant to award interim spousal support unless there is a clear necessity of one party and it is exceedingly rare for courts to award final periodic spousal support. Under Louisiana Civil Code Article 113, spousal support may be awarded based upon the needs of the party seeking support, the ability of the other party to pay, and the standard of living of the parties during the marriage. Now with a "fault" divorce, under Louisiana Civil Code Article 103(2), rather than having to wait to obtain the judgment the parties are entitled to an immediate divorce in the event of adultery. This would be the type of divorce filing which you would be looking for under your stated circumstances. With a fault divorce the spouses would still be entitled to half of the community property and interim spousal support may still be granted, but spouses who commit adultery which leads to the breakup of the marriage are not entitled to final spousal support in Louisiana. Unlike the “no fault” divorce in Louisiana, where you just wait the requisite time period to obtain the judgment of divorce, a “fault” divorce alleging infidelity will require a fault hearing wherein evidence and testimony will need to be put on to prove fault, unless she were to acknowledge her infidelity.