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Cases of Interest: Mississippi
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Alimony (full category)
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MISSISSIPPI: Guy v. Guy, 736 So. 2d 1042 (Miss. 1999).
The Supreme Court of Mississippi definitively stated that professional degrees are not marital property subject to equitable distribution upon divorce.
Read More About This CaseMISSISSIPPI: Neville v. Neville, 734 So. 2d 352 (Miss. Ct. App. 1999).
Evidence that the husband made significant contributions to the wife's medical school expenses and that the wife's adultery led to the dissolution of the marriage supported the equitable distribution award of alimony to the husband while denying him rights to the wife's medical practice.
Read More About This CaseAppreciation of Assets (full category)
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MISSISSIPPI: Waring v. Waring, 722 So. 2d 723 (Miss. Ct. App. 1998).
The wife was entitled to equitable distribution of the part of the increase in value during the marriage of the husband's business holdings that was fairly attributable to the active efforts of either of the parties during the marriage.
Read More About This CaseAttorneys Fees (full category)
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MISSISSIPPI: Chesney v. Chesney, 2002 WL 31194996, at *3 (Miss. 2002).
Normally, an award of attorney's fees should not be made when the recipient is able to pay his or her own fees, but there are exceptions to the rule. For example, a Mississippi trial court expressly found that the wife could pay her own attorney but nevertheless made a fees award against the husband.
Read More About This CaseClassification of Assets (full category)
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MISSISSIPPI: Pittman v. Pittman, No. 1999-CA-00147-COA (Miss. Ct. App. June 5, 2001).
The wife contended that the chancellor erred in granting the husband a one-half interest in the equity of the home, which she inherited from her grandmother's one-half interest in the home.
Read More About This CaseMISSISSIPPI: Myrick v. Myrick, 739 So. 2d 432 (Miss. Ct. App. 1999).
Interspousal given to the wife by the husband were held to be marital property.
Read More About This CaseClosely Held Businesses (full category)
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MISSISSIPPI: Waring v. Waring, 722 So. 2d 723 (Miss. Ct. App. 1998).
The wife was entitled to equitable distribution of the part of the increase in value during the marriage of the husband's business holdings that was fairly attributable to the active efforts of either of the parties during the marriage.
Read More About This CaseConflict of Laws (full category)
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MISSISSIPPI: Savelle v. Savelle, 650 So. 2d 476 (Miss. 1995).
Mississippi law governed the equitable distribution of the husband's pension in Mississippi divorce proceedings, even though he had acquired the pension in Louisiana.
Read More About This CaseDivision of Property (full category)
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MISSISSIPPI: Johnson v. Johnson, 823 So. 2d 1156 (Miss. 2002).
There was no evidence suggesting that the resulting informal division of property was intended to be final. Enforcing this sort of informal property division would encourage spouses to clean out the marital home upon departure, for fear of losing all ownership rights in property not taken.
Read More About This CaseMISSISSIPPI: Redd v. Redd, 774 So. 2d 492 (Miss. Ct. App. 2000).
Courts in most states are permitted to appoint independent experts to value businesses for purposes of divorce. In a case where funds to retain an expert are limited, use of an independent expert can be advantageous to both parties. Equitable Distribution of Property 7.05 (2d ed. 1994 & Supp. 2001).
Read More About This CaseMISSISSIPPI: Graham v. Graham, 767 So. 2d 277 (Miss. Ct. App. 2000).
The division of the husband's and the wife's retirement accounts for the purposes of equitable distribution should be based on their value at the time of the divorce, not at the time of separation.
Read More About This CaseMISSISSIPPI: Draper v. Draper, 627 So. 2d 302 (Miss. 1993).
The trial court in a divorce case has authority to divest title from one spouse and vest it in the other spouse when equitably dividing marital assets.
Read More About This CaseFactors in Award (full category)
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MISSISSIPPI: Driste v. Driste, 738 So. 2d 763 (Miss. Ct. App. 1998).
Evidence of fault, including adultery, may be admitted to assist in determining equitable distribution of marital property.
Read More About This CaseGifts (full category)
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MISSISSIPPI: Myrick v. Myrick, 739 So. 2d 432 (Miss. Ct. App. 1999).
Interspousal gifts given to the wife by the husband were held to be marital property.
Read More About This CaseIncome (full category)
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MISSISSIPPI: Franks v. Franks, 759 So. 2d 1164 (Miss. 1999).
Are the husband's investment accounts, stocks, and bonds nonmarital property and, thus, not subject to equitable distribution?
Read More About This CaseMarital Home (full category)
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MISSISSIPPI: Welch v. Welch, 755 So. 2d 6 (Miss. Ct. App. 2000).
The chancellor can consider property acquired outside the couple's marriage when measuring overall equity. In addition, the fact that the sale of the marital home would be contingent upon the husband's agreement as to his interest in the home was not manifest error.
Read More About This CaseMilitary Benefits (full category)
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MISSISSIPPI: Prescott v. Prescott, 736 So. 2d 409 (Miss. Ct. App. 1999).
The valuation of retirement benefits should take into account the period of the marriage. Only part of the retirement funds are marital property since the marriage covered only part of the employment period.
Read More About This CasePensions (full category)
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MISSISSIPPI: Graham v. Graham, 767 So. 2d 277 (Miss. Ct. App. 2000).
The division of the husband's and the wife's retirement accounts for the purposes of equitable distribution should be based on their value at the time of the divorce, not at the time of separation.
Read More About This CaseMISSISSIPPI: Godwin v. Godwin, 758 So. 2d 384 (Miss. 1999).
The husband contributed to a deferred compensation plan for several years after an order for separate maintenance. The court held that this plan was his separate property upon divorce. The wife had not contributed to the plan.
Read More About This CaseMISSISSIPPI: Prescott v. Prescott, 736 So. 2d 409 (Miss. Ct. App. 1999).
The valuation of retirement benefits should take into account the period of the marriage. Only part of the retirement funds are marital property since the marriage covered only part of the employment period.
Read More About This CaseMISSISSIPPI: Savelle v. Savelle, 650 So. 2d 476 (Miss. 1995).
Mississippi law governed the equitable distribution of the husband's pension in Mississippi divorce proceedings, even though he had acquired the pension in Louisiana.
Read More About This CasePersonal Injury Awards (full category)
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MISSISSIPPI: Tramel v. Tramel, 740 So. 2d 286 (Miss. 1999).
Personal injury settlement proceeds are only partially marital assets subject to equitable distribution.
Read More About This CasePersonal Property (full category)
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MISSISSIPPI: Johnson v. Johnson, 823 So. 2d 1156 (Miss. 2002).
The trial court committed procedural error by failing to justify its division of marital property with specific findings regarding the relevant division factors. It further erred by awarding the wife $35,000 in personal property and the husband only $4,000, based upon the amount of property the husband had taken with him when he left the marital home.
Read More About This CaseMISSISSIPPI: Gray v. Gray, 745 So. 2d 234 (Miss. 1999).
The husband was awarded all real property acquired by the couple during the marriage; the wife received a 50% equitable lien on this real property.
Read More About This CaseProfessional Licenses and Degrees (full category)
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MISSISSIPPI: Neville v. Neville, 734 So. 2d 352 (Miss. Ct. App. 1999).
Evidence that the husband made significant contributions to the wife's medical school expenses and that the wife's adultery led to the dissolution of the marriage supported the equitable distribution award of alimony to the husband while denying him rights to the wife's medical practice.
Read More About This CaseMISSISSIPPI: Guy v. Guy, 736 So. 2d 1042 (Miss. 1999).
The Supreme Court of Mississippi definitively stated that professional degrees are not marital property subject to equitable distribution upon divorce.
Read More About This CaseSeparation (full category)
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MISSISSIPPI: Welch v. Welch, 755 So. 2d 6 (Miss. Ct. App. 2000).
The chancellor can consider property acquired outside the couple's marriage when measuring overall equity. In addition, the fact that the sale of the marital home would be contingent upon the husband's agreement as to his interest in the home was not manifest error.
Read More About This CaseValuation of Property (full category)
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MISSISSIPPI: Christopher v. Christopher, 766 So. 2d 119 (Miss. Ct. App. 2000).
The husband and the wife could be equal contributors to the marital property, even though they did not work equally.
Read More About This CaseMISSISSIPPI: Prescott v. Prescott, 736 So. 2d 409 (Miss. Ct. App. 1999).
The valuation of retirement benefits should take into account the period of the marriage. Only part of the retirement funds are marital property since the marriage covered only part of the employment period.
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