HB1044 • 2026

DIVORCE: Provides relative to classification of separate property

Labor

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Jeremy LaCombe
Last action: 2026-05-27
Official status: Became law without the Governor's signature - Act 405
Effective date: Not listed

Plain English Breakdown

The official source material does not provide detailed information on how other types of property are treated in divorce cases.

Divorce Law Change for Separate Property

This act changes Louisiana's divorce laws to classify unearned portions of employment contracts as separate property during a marriage.

What This Bill Does

Creates a new law that says any future wages or earnings from an employment contract made while married are the separate property of the person who signed the contract, for any unearned portions of the contract existing on the date the community property regime is terminated.

Who It Names or Affects

People getting divorced in Louisiana

Terms To Know

separate property: Items or money that belong to one person and not shared between spouses.
community property regime: A system where most of what a married couple earns or owns together is considered jointly owned.

Limits and Unknowns

The law only applies to future earnings from employment contracts made during the marriage.
It does not change how other types of property are treated in divorce cases.

Bill History

2026-05-27 H
Effective date: 08/01/2026.
2026-05-27 H
Becomes Act No. 405 without the Governor's signature.
2026-05-14 H
Sent to the Governor for executive approval.
2026-05-14 S
Signed by the President of the Senate.
2026-05-13 H
Enrolled and signed by the Speaker of the House.
2026-05-13 H
Received from the Senate without amendments.
2026-05-12 S
Rules suspended. Read by title, passed by a vote of 34 yeas and 0 nays, and ordered returned to the House. Motion to reconsider tabled.
2026-05-04 S
Reported without Legislative Bureau amendments. Read by title and passed to third reading and final passage.
2026-04-29 S
Read by title and referred to the Legislative Bureau.
2026-04-28 S
Reported favorably.
2026-04-14 S
Read second time by title and referred to the Committee on Judiciary A.
2026-04-13 S
Received in the Senate. Rules suspended. Read first time by title and placed on the Calendar for a second reading.
2026-04-13 H
Read third time by title, roll called on final passage, yeas 95, nays 0. Finally passed, title adopted, ordered to the Senate.
2026-04-09 H
Scheduled for floor debate on 04/13/2026.
2026-04-08 H
Read by title, ordered engrossed, passed to 3rd reading.
2026-04-07 H
Reported favorably (9-0).
2026-03-31 H
Read by title, under the rules, referred to the Committee on Civil Law and Procedure.
2026-03-30 H
Read by title. Lies over under the rules.

Official Summary Text

DIVORCE: Provides relative to classification of separate property

Current Bill Text

Read the full stored bill text

ENGROSSED
ACT No. 4052026 Regular Session
HOUSE BILL NO. 1044
BY REPRESENTATIVE LACOMBE
1 AN ACT
2 To enact R.S. 9:2801.3, relative to classification of separate property; to provide relative to
3 future earnings as it relates to the community property regime; to provide relative to
4 unearned portions of employment contracts; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 9:2801.3 is hereby enacted to read as follows:
7 §2801.3. Award for future earnings; separate property
8 Future wages or earnings of a spouse set forth in an employment contract
9 executed during the community property regime are the separate property of the
10 contracting spouse for any unearned portions of the contract existing on the date the
11 community property regime is terminated, including but not limited to any amounts
12 later paid as severance pay or liquidated damages.
13 Section 2. It is the intent of the legislature to overrule Orgeron v. Orgeron, 413 So.
3d 390 (2025).
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 1 of 1
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.