Louisiana Revised Statutes & Codes
La. Rev. Stat. § 9:291 (2026)
Suits between spouses
✓ current as of May 2026
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CHAPTER 2. INCIDENTS AND EFFECTS OF MARRIAGE
PART I. IN GENERAL
§291. Suits between spouses
Spouses may not sue each other except for causes of action pertaining to contracts or arising out of the provisions of Book III, Title VI of the Civil Code; for restitution of separate property; for divorce or declaration of nullity of the marriage; and for causes of action pertaining to spousal support or the support or custody of a child while the spouses are living separate and apart.
Acts 1990, No. 1009, §6, eff. Jan. 1, 1991; Acts 2004, No. 490, §3.
Notes of Decisions
Cited in 68
cases (1 in the last 5 years), 1961–2023 · leading case: Smith v. S. Farm Bureau Cas. Ins. Co., 174 So. 2d 122 (La. 1965).
Smith v. S. Farm Bureau Cas. Ins. Co., 174 So. 2d 122 (La. 1965). “The exception is predicated on LSA-R.S. 9:291 which grants the husband immunity from suit by the wife.”
Descant v. Adm'rs of Tulane Educ. Fund, 639 So. 2d 246 (La. 1994). “R.S. 9:291. The limitation of liability found in the Medical Malpractice Act differs from the traditional immunities which have been deemed personal defenses.”
Stelly v. Montgomery, 347 So. 2d 1145 (La. 1977). “R.S. 9:291 (1960), [1] providing for interspousal immunity from suits during marriage.”
Stelly v. Montgomery, 339 So. 2d 956 (La. Ct. App. 1977). “2d 120 (1975) our Supreme Court held that LSA-R.S. 9:291 limits to four the causes of action that a married woman can bring against her husband during the marriage.”
Bozman v. Bozman, 830 A.2d 450 (Md. 2003). “2d 122 (1965) (Because of the competing effect of two statutes, (Article 2315 and LSA RS 9:291) has a cause of action but no remedy to enforce it) Maine MacDonald v.”
Dubroc v. Dubroc, 388 So. 2d 377 (La. 1980). “[3] There is no prohibition, however, expressed by the law against a spouse's agreement to suspend his right to compel the other parent without custody to turn over to him in advance money necessary for the child's maintenance.”
Myers v. Ford Motor Co., 486 So. 2d 1030 (La. Ct. App. 1986). “LSA-R.S. 9:291. [5] When a wife is damaged by her husband's negligence she cannot sue her husband but may sue his liability insurer directly under LSA-R.”
Doughty v. Insured Lloyds Ins. Co., 576 So. 2d 461 (La. 1991). “R.S. 9:291 creates a procedural bar to a suit against her husband.”
Johnson v. Johnson, 168 So. 3d 641 (La. Ct. App. 2014). “R.S. 9:291 expressly preserves to parties of a covenant marriage the right to sue on causes of action pertaining to contracts or arising out of the civil code provisions governing matrimonial regimes, “and for causes of action pertaining to spousal support or the support or…”
Rouley v. State Farm Mut. Auto. Ins. Co., 235 F. Supp. 786 (W.D. La. 1964). “9:571, is akin to the husband’s immunity from suit by his wife-during the marriage, granted by LSA-R.S. 9:291. Since our original opinion,, the case of Smith v.”
Gremillion v. State Farm Mut. Auto. Ins. Co., 302 So. 2d 712 (La. Ct. App. 1974). “[1] There was a trial on the issue of whether plaintiff, Delphine Gremillion, assumed the risk of the accident or was contributorily negligent and, if not, the extent of her recovery under defendants' two policies.”
Burns v. Burns, 518 So. 2d 1205 (Miss. 1988). “2d 616 Because of the competing effect of two statutes, (Article 2315 and LSA-RS 9:291) has a cause of action but no remedy to enforce it: Louisiana 1965 Smith v.”
— La. Rev. Stat. § 9:291(2) — 1 case
Airhart v. Airhart, 153 So. 2d 140 (La. Ct. App. 1963).
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