Statutory Obligations of Marriage, Louisiana statute

La. Civil Code Art. 98. Mutual duties of married persons

Married persons owe each other fidelity, support, and assistance.

CREDIT(S)

Acts 1987, No. 886, §  1, eff. Jan. 1, 1988.

REVISION COMMENTS--1987

1999 Main Volume

(a) This Article reproduces the source provision, Civil Code Article 119 (1870), almost verbatim. It does not change the law.

(b) As used in this Article, the term "fidelity" refers not only to the spouses' duty to refrain from adultery, but also to their mutual obligation to submit to each other's reasonable and normal sexual desires. The jurisprudence has held that the latter obligation is a necessary concomitant of marriage. Favrot v. Barnes, 332 So.2d 873 (La.App. 4th Cir.1976), writ denied 334 So.2d 436 (La.1976), reversed in part on other grounds, 339 So.2d 843 (La.1976), cert. denied, 429 U.S. 961, 97 S.Ct. 387 (1976); Phillpott v. Phillpott, 285 So.2d 570 (La.App. 4th Cir.1973), writ refused 288 So.2d 643 (La.1974);  Mudd v. Mudd, 206 La. 1055, 20 So.2d 311 (1944).

(c) The jurisprudence decided under the source provision has held that the spouses' duty to support each other is limited to furnishing the necessities of life.  Smith v. Smith, 382 So.2d 972 (La.App. 1st Cir.1980); Hingle v. Hingle, 369 So.2d 271 (La.App. 4th Cir.1979);  see 1 M. Planiol, Traité élémentaire de droit civil, nos. 904-905 (La.State Law Ins. transl. 1959). Nevertheless, the term "support" has been construed to include the cost not only of food, clothing, and shelter, but also of operating such conveniences as telephones, home appliances, and an automobile.  Bernhardt v. Bernhardt, 283 So.2d 226 (La.1973) (construing C.C.Art. 160 (1870)).  The duty to render assistance, insofar as it is separate from that of support, includes the personal care to be given an ill or infirm spouse. 1 M. Planiol, supra, no. 917; James v. State Through Board of Administrators of Charity Hospital, 154 So.2d 497 (La.App. 4th Cir.1963).

(d) Under R.S. 9:291 spouses may not sue each other during the existence of their marriage to enforce the obligations imposed by this Article. However, either party to a divorce suit has the right to seek enforcement of the other party's support obligation by petitioning the court for an interim support award.

(e) The spouses' duties under this Article, as a general rule, are matters of public order from which they may not derogate by contract.  E.g., Favrot v. Barnes, 332 So.2d 873 (La.App. 4th Cir.1976), writ denied 334 So.2d 436 (La.1976), reversed in part on other grounds, 339 So.2d 843 (La.1976), cert. denied, 429 U.S. 961, 97 S.Ct. 387 (1976).

(f) Under this revision the spouses are free to live together as necessary to fulfill their obligation mutually to support, assist, and be faithful to each other.  Cf. C.C. Art. 120 (1870), repealed by Acts 1985, No. 271.

(g) The property rights of married persons are regulated by their matrimonial regime, either a regime adopted by matrimonial agreement or the regime imposed by law under Book III, Title VI of this Code [C.C. art. 2325 et seq.].

HISTORICAL AND STATUTORY NOTES

1999 Main Volume

Source:

C.C. Art. 119 (1870).

Title IV of Book I of the 1870 Civil Code, which originally contained C.C. arts. 86 to 137, was revised by Acts 1987, No. 886, § 1 to contain C.C. arts. 86 to 101, effective January 1, 1988.

For history and text of former C.C. arts. 86 to 137 of the 1870 Civil Code prior to the 1987 revision of Title IV of Book I, and for similar provisions in earlier Codes, see Vol. 16, LSA-C.C. (Compiled Edition). For disposition of the subject matter of the former articles, see Table 1 preceding C.C. art. 86.