HB 1044 Louisiana House · 2026 Regular Session

DIVORCE: Provides relative to classification of separate property

This bill clarifies how future wages from employment contracts are classified in Louisiana divorces, specifically designating unearned portions as separate property rather than community property. It directly affects married couples in Louisiana by changing how severance pay and future earnings from contracts signed during the marriage are divided. The law ensures that money earned after the divorce is finalized, even if it comes from a contract created while married, belongs solely to the spouse who signed the contract. This change aims to correct a previous court ruling by establishing a clear rule for handling these financial assets during property division.

Bill status signed all 5 stages cleared

Introduction

Mar 2026

Committee Review

Apr 2026

House Passage

Apr 2026

Senate Passage

May 2026

Signed into Law

May 2026

Introduced Mar 30, 2026 Signed May 27, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

HB1044 Original → HB1044 Act · 3 edits

MINOR

This bill updates a Louisiana statute to clarify that future wages or earnings promised in an employment contract remain the separate property of the spouse if they are not yet earned when the marriage ends. The change specifically addresses a recent court ruling (Orgeron v. Orgeron) that had previously treated such unearned future wages as community property, ensuring that severance pay and liquidated damages for unearned time are excluded from community division.

Scope change

The bill expands the definition of separate property to explicitly include unearned future wages and related compensation (like severance) that would otherwise be considered community property under the previous legal interpretation.

DEFINITION

Added explicit language to R.S. 9:2801.3 stating that future wages or earnings in an employment contract are separate property if unearned at the time the community property regime terminates.

ELIGIBILITY

Clarified that severance pay and liquidated damages for unearned time are included in the separate property of the spouse who holds the employment contract.

TECHNICAL

Removed the original digest and abstract which described the bill's intent, as these sections are replaced in the final act version.

Floor votes · Senate May 12, 2026 · House Apr 13, 2026

How they voted

34–0

Passed · 5 other

Total votes 39

May 12, 2026

D Democratic11

7 Yea 4

63% Yea

R Republican28

27 Yea 1

96% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

May 12, 2026

Upper · Passed

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.

upper

Apr 29, 2026

Committee

Read by title and referred to the Legislative Bureau.

upper

Apr 28, 2026

Upper · Passed

Reported favorably.

upper

Apr 13, 2026

Lower · Passed

Read third time by title, roll called on final passage, yeas 95, nays 0. Finally passed, title adopted, ordered to the Senate.

lower

Apr 7, 2026

Lower · Passed

Reported favorably (9-0).

lower

Mar 31, 2026

Committee

Read by title, under the rules, referred to the Committee on Civil Law and Procedure.

lower

1 primary · 0 co-sponsors