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How to make a request for alimony in Mississippi

On Behalf of | Sep 7, 2021 | Divorce |

When a couple decides to divorce, one of them may wish to make a request for alimony. Once a request for alimony has been made, the spouse not requesting it, who would be the paying spouse, may wish to oppose the alimony request. For that reason, both spouses should know how alimony is awarded in Mississippi.

Factors use to determine alimony

Alimony is an allowance the court orders one former spouse to pay the other. Alimony is awarded based on a need and ability to pay. It may be awarded especially in circumstances when one spouse has supported the other through graduate or professional school or in the development of their career. Alimony is generally intended to help the recipient spouse maintain the same standard of living they enjoyed during the marriage.

The family law court takes different factors into account when deciding on an alimony award. Factors that are considered included the health and earning capacities of the spouses, the sources of income of both spouses, the reasonable needs of the wife and children, the necessary living expenses of the husband and the estimated income taxes of each of the spouses. The family law court may also consider other related issues.

The different ways alimony is awarded

Alimony can be awarded in different ways. It may be awarded as a lump sum or periodic payment. A lump sum payment is a set amount that may be paid all at once or over a period of time. The other type of alimony is a periodic payment alimony. It is a periodic payment that is made to the recipient spouse. It can be modified and ends with the death of either spouse or if the recipient spouse remarries or begins co-habitating with another party. Alimony can be a contentious request during the divorce process which is why it is helpful for both spouses to be familiar with the alimony process.