## Facts

- John H. Pucheu (husband) married Maxine Guidry Pucheu (wife) on December 9, 1988.
- Maxine had a documented history of emotional and psychological problems, including a prior hospitalization in 1982 and later hospitalizations during the marriage (including in 1996 and 2002).
- During the marriage, Maxine engaged in repeated conduct that John claimed made normal married life impossible, including isolating herself from the family, refusing to participate in family activities and meals, failing to communicate with John and the children, failing to perform household tasks, and other acts the trial court characterized as cruel treatment and “outrages.”
- The parties separated on January 9, 2000, and were divorced by judgment dated August 14, 2002.
- After a multi-day trial on fault and final periodic support, the trial court found that Maxine’s conduct during the marriage constituted fault that contributed to the dissolution of the marriage.
- Despite finding fault, the trial court concluded Maxine’s fault was excused because of her mental illness and awarded her final periodic support of $2,000 per month.
- A psychiatrist testified on Maxine’s behalf, but the testimony did not establish that Maxine’s underlying mental condition caused all (or essentially all) of the misconduct found by the trial court.
- John appealed, arguing that Maxine was not “free from fault” and therefore was legally ineligible for final periodic support.

## Issues

1. Under La. Civ. Code art. 111, did Maxine prove that her mental illness excused her marital misconduct so that she was “free from fault” and eligible for final periodic support?

## Decision

- The Louisiana Court of Appeal, Third Circuit, reversed the judgment awarding Maxine $2,000 per month in final periodic support.
- The court agreed the record supported the trial court’s findings that Maxine’s conduct amounted to marital fault and contributed to the breakup.
- The court held that Maxine did not sufficiently prove that her mental illness excused that fault for purposes of La. Civ. Code art. 111.
- Because Maxine was not “free from fault,” she was not entitled to final periodic support.

## Legal Principles

- La. Civ. Code art. 111 allows an award of final periodic support only to a spouse who is “free from fault” prior to the filing of the proceeding to terminate the marriage.
- A spouse is not “free from fault” when that spouse’s misconduct is an independent, contributing cause of the dissolution of the marriage (including conduct such as cruel treatment or serious indignities).
- A claim that mental illness excuses otherwise disqualifying misconduct requires proof that the illness caused or sufficiently explains the conduct so that it should not be treated as fault for Article 111 purposes.
- The spouse seeking final periodic support bears the burden to prove eligibility, including freedom from fault.
- An appellate court may accept a trial court’s factual findings about misconduct yet reverse if the legal conclusion drawn from those facts—such as excusing fault based on mental illness—is not supported by the record.

## Conclusion

Because the trial court found (and the appellate court agreed) that Maxine’s conduct constituted marital fault leading to the dissolution of the marriage, and because the medical evidence did not adequately connect her mental illness to the full scope of that conduct in a way that would excuse it under La. Civ. Code art. 111, the Third Circuit held she was not “free from fault” and reversed the award of final periodic support.


Pucheu v. Pucheu, 904 So. 2d 69 (2005)