Ashworth v. Ashworth
2012 WL 716432, 86 So.3d 134, 11 La.App. 3 Cir. 1270 (2012)
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Rule of Law:
A spouse who leaves the matrimonial domicile due to a reasonable, good-faith belief that the other spouse is committing adultery has lawful cause for leaving, is not at fault for abandonment, and therefore remains eligible for spousal support.
Facts:
- Katherine Ashworth saw her husband, Larry Ashworth, in his truck with another woman.
- When Katherine confronted Larry about the woman, he told her not to ask questions and to go home.
- Katherine's relatives subsequently told her that Larry was giving the woman from the truck and her roommate money in exchange for sex.
- After arguing with Larry, who refused to leave the home, Katherine packed her belongings and left the matrimonial domicile on October 31, 2007.
- Larry never asked Katherine to return to the home.
- By the end of January 2008, Larry had a new girlfriend living with him in the former marital home.
- Larry allowed his new girlfriend to remove Katherine's name from the mailbox and replace it with her own.
- In April 2008, Larry had his girlfriend drive Katherine's car away in front of Katherine and her friends.
Procedural Posture:
- Katherine Ashworth petitioned a Louisiana trial court for a determination that she was free from fault in the dissolution of her marriage and for an award of final spousal support.
- The trial court issued a judgment on September 30, 2009, finding Katherine free from fault.
- Larry Ashworth, the defendant, appealed this judgment to the Louisiana Third Circuit Court of Appeal.
- The Court of Appeal dismissed the appeal as premature because the judgment was not final, and remanded the case to the trial court.
- On remand, the trial court held a hearing and, in a judgment signed April 6, 2011, awarded Katherine $200.00 per month in final spousal support.
- Larry Ashworth then appealed both the September 30, 2009 judgment on fault and the April 6, 2011 judgment on spousal support to the Louisiana Third Circuit Court of Appeal.
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Issue:
Does a spouse who leaves the matrimonial domicile based on a reasonable belief of the other spouse's infidelity have 'lawful cause' for leaving, thereby making them free from fault for abandonment and eligible for spousal support?
Opinions:
Majority - Thibodeaux, Chief Judge
Yes. A spouse who leaves the matrimonial domicile based on a reasonable belief of the other spouse's infidelity has lawful cause for the departure and is therefore free from fault. To establish abandonment, a party must prove the other spouse withdrew from the domicile without lawful cause and constantly refused to return. Here, Katherine Ashworth's departure was justified because her belief of Larry Ashworth's infidelity was reasonable, based on seeing him with another woman and hearing reports from relatives. A spouse does not need to prove actual adultery to have lawful cause; a reasonable suspicion is sufficient. Furthermore, the element of 'constant refusal to return' was not met, as Larry never asked Katherine to return and his subsequent actions, such as moving in a new girlfriend, demonstrated he did not desire her return. The court also held that testimony regarding what others told Katherine about Larry's infidelity was not inadmissible hearsay because it was offered to prove the reasonableness of her belief and subsequent actions, not to prove the truth of the infidelity itself.
Analysis:
This decision clarifies the 'lawful cause' element of the abandonment test in Louisiana family law. It establishes that a spouse's subjective but reasonable belief of infidelity, even if based on information from others, is sufficient to justify leaving the marital home without being deemed at fault. This lowers the evidentiary burden for the departing spouse, as they do not need to present direct proof of adultery to defeat an abandonment claim and remain eligible for spousal support. The ruling also reinforces the significant discretion trial courts have in making credibility determinations in domestic relations disputes.
