When a marriage comes to an end in Mississippi, one of the biggest concerns for both parties often becomes financial security. Alimony, also known as spousal support, can play a significant role in determining a person’s financial future after a divorce. Understanding how the courts in Mississippi approach alimony can help individuals prepare for negotiations and litigation, and protect their long-term financial interests.
What Is Alimony Under Mississippi Law?
Alimony is financial support ordered by a court for one spouse to pay to the other after a divorce or legal separation. In Mississippi, this authority is based on Mississippi Code § 93-5-23, which gives chancery courts the power to award an allowance, if any, that is just and equitable based on the circumstances of the parties and the specifics of the case. This means that there is no set formula, and each case is decided based on its own unique circumstances.
Types of Alimony Awarded in Mississippi
Mississippi courts recognize several different types of spousal support, which are designed to suit different circumstances.
Periodic (Permanent) Alimony
Periodic alimony is a type of financial support that is paid regularly, typically on a monthly basis, until one of several events occurs: the recipient spouse remarries, one of the parties dies, or the court orders otherwise. This is the most common type of long-term payment and is often awarded when one spouse is unable to achieve financial independence due to age, health issues, or a prolonged absence from the workforce. The Mississippi Supreme Court has reiterated that periodic alimony can be adjusted if there is a significant change in the circumstances of either party.
Lump-Sum Alimony
A lump sum award is a fixed, one-time payment or a series of payments totaling a certain amount. Because the total amount is determined at the time of the decision, a lump sum alimony usually cannot be changed and does not end upon the recipient’s remarriage. Courts prefer this type of arrangement when clean financial separation is best for both parties.
Rehabilitative Alimony
Rehabilitative alimony is a type of support that provides temporary assistance to help a lower-earning spouse obtain education, training, or work experience needed to become self-sufficient. Mississippi courts are increasingly recognizing the importance of this type of alimony because it aims to promote independence, rather than perpetual dependence. This type of alimony has a time limit and is linked to a specific plan for rehabilitation.
Reimbursement Alimony
Courts may award alimony to a spouse who has supported the other during the marriage by providing education or helping with career advancement, only to receive none of the economic benefits from it after divorce. This practice is based on the principle of equity, which is recognized in Mississippi’s chancery court decisions.
Key Factors Mississippi Courts Consider
Guided by the landmark decision in Armstrong v. Armstrong, 618 So. 2d 1278 (Miss. 1993), Mississippi courts consider a multi-factor balancing test when deciding alimony payments. No single factor is decisive; judges take into account all circumstances of each marriage.
- Income, assets, and earning capacity of each spouse.
- Length of the marriage.
- Standard of living established during the marriage.
- Age and health of both parties.
- Contributions as a homemaker or caregiver.
- Tax implications of the award.
- Fault or misconduct during the marriage.
- Financial needs and obligations of each party.
The Role of Marital Fault
Unlike many other states, Mississippi follows a fault-based approach to divorce. According to Mississippi Code § 93-5-1, the recognized grounds for divorce include adultery, habitual cruel and inhuman treatment, and abandonment. If a spouse is found to be at fault for the breakdown of the marriage, they may be awarded less alimony or even barred from receiving any alimony at all.
Conversely, if a financially dependent spouse was the victim of marital misconduct, they may receive a more generous alimony award. This approach emphasizes the importance of evidence gathering and legal strategy in Mississippi divorce cases.
Modifying or Terminating Alimony
Periodic alimony payments are not set in stone. If either party experiences a material change in their circumstances that was not reasonably foreseen at the time the original agreement was made, they can petition the court for a modification. This could include things like losing a job, earning a significant amount of money, or experiencing a serious health issue.
Additionally, alimony payments automatically stop if either party dies or the person receiving the payments remarries. Cohabitation with a new partner can also be a reason for seeking a modification in some cases.
Move Forward With Confidence
Divorce is a major life change that affects your family and future. It can be challenging to understand Mississippi’s alimony laws and how they specifically apply to your situation without professional help. A skilled divorce lawyer can provide you with the legal knowledge and representation you need to protect your rights and achieve a fair result, whether through negotiation or court proceedings.
If you are considering a divorce or need legal assistance with issues such as alimony, child custody, or other family law matters, contact our office today. We have nearly 49 years of experience. Gregory D. Keenum, PA is a trusted law firm that serves local clients in our community. Founded in 1979, our reputation for exceptional legal services is based on integrity, dedication, and measurable results. We are here to answer your questions, protect your rights, and help you find the best possible solution for your case.