In a Mississippi divorce, the determination of alimony, also known as spousal support, is critical for many separating couples. Whether or not you will receive alimony depends on several factors the court considers.
Here, you can learn more about alimony and what determines if you will receive it when you divorce.
Types of alimony
Mississippi recognizes several types of alimony:
- Periodic Alimony: Regular payments made over time can be modified or terminated under certain conditions.
- Lump Sum Alimony: A fixed amount paid either in a single payment or over a period, which is not subject to modification.
- Rehabilitative Alimony: Temporary support intended to help a spouse gain financial independence through education or training.
- Reimbursement Alimony: Compensation for contributions one spouse made to the education or career advancement of the other spouse.
Factors considered by the court
The court evaluates multiple factors to determine if alimony is appropriate:
- Length of Marriage: Longer marriages are more likely to result in alimony awards.
- Financial Needs and Resources: The court examines both spouses’ financial situations, including income, assets and debts.
- Standard of Living: The standard of living established during the marriage is considered to maintain a similar lifestyle for both parties post-divorce.
- Age and Health: Both spouses’ age and physical and mental health can influence the decision.
- Contributions to the Marriage: Contributions as a homemaker, caregiver, or supporter of the other spouse’s career or education are considered.
- Fault or Misconduct: While Mississippi is a no-fault divorce state, marital misconduct can still affect alimony determinations.
How to seek alimony
To seek alimony in your Mississippi divorce, you must request it during the proceedings. Presenting a comprehensive picture of your financial needs and contributions to the marriage can strengthen your case.
The decision to award alimony in a Mississippi divorce is not automatic and is based on various factors that reflect the circumstances of each marriage. Understanding these factors and effectively presenting your case can significantly impact the likelihood and amount of alimony you may receive.