Mississippi Info
Mississippi Divorce
Start Your Divorce
Find Professionals
Mississippi Articles
Divorce Facts
Divorce Grounds
Residency
Divorce Laws
Mediation/Counseling
Divorce Process
Legal Separation
Annulments
Property Division
Alimony
Child Custody
Child Support
Divorce Forms
Process Service
Grandparent Rights
Mississippi Articles
Agreements
Attorney Relationship
Custody & Visitation
Child Support
Divorce/General
Domestic Abuse
Financial Planning
Parenting
Property Division
Spousal Support
Info Categories
Contemplating Divorce
Children & Divorce
Divorce, Dollars & Debt
Divorce Laws
Divorce Process
Divorce Negotiation
More Information
Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs
For Professionals
Advertise With Us Free Network Page Join Our Network Submit Articles Sign In Network Sites
|
Mississippi Alimony
Maintenance
The Mississippi Court may award either party alimony, also called maintenance, if such an award is determined to be equitable and just. Couples in Mississippi may sign prenuptial agreements that limit alimony awards. According to Mississippi code Section 93-3-7, the prenuptial agreement can include alimony terms and outline any details related to the payments, such as the amount one spouse must pay and a payment schedule. The agreement can also address defaults when alimony is not paid, as in the case of adultery. The court may consider marital fault and dissipation of assets. In Mississippi alimony influences the distribution of property, and it can become intricately involved in a divorce settlement. When spouses are unable to reach an agreement on this issue, the Chancery Court can order support on a case-by-case basis.
Types of Alimony
Mississippi allows for lump-sum, periodic, and rehabilitative alimony, according to the Mississippi Bar Association. A lump-sum payment is a single payment. Periodic payments are usually monthly payments that must be paid over time. Lump-sum payments can be paid in payments, if necessary, until the total amount is paid, while periodic payments do not have an established total amount. Unless one of spouses commits fraud, lump-sum alimony payments must be paid and cannot be modified, according to the Bar Association. These alimony awards must be paid even if the recipient spouse later remarries or the payor dies, when it is paid from the decedents estate. Lump-sum alimony is intended as an equalizer between the parties to serve equity. Lump-sum alimony may be payable in a single lump sum or fixed periodic installments. Lump sum alimony may not be modified. Periodic alimony provides the recipient with income indefinitely. Periodic alimony terminates upon the remarriage of the recipient or the death of either spouse, and it may be increased, decreased, or terminated by modification of court based on changing circumstances. The modification may be made only upon order of the court, not unilaterally by one of the parties. Rehabilitative alimony allows one party to receive support from the other for a fixed, definite duration. It allows the recipient to become self-supporting without becoming impoverished in the interim, so he or she may start anew without becoming destitute. Rehabilitative alimony is not intended as an equalizer between the parties. Rehabilitative alimony may be increased, decreased or terminated.
Factors Considered by the Court
Alimony is discretionary in Mississippi, and according to the Mississippi Code - Section 93 - Chapters: 5-23,the court makes a support award based on what it believes is fair to both spouses. The court will consider many factors, including but not limited to:
|
![]() Find Professionals
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
|
Established in 1996
© 1996 - 2021 Divorce Source, Inc. All Rights Reserved.