Mississippi courts have discretion to grant alimony in divorce cases where it is in the interests of justice to do so. The court will consider all factors in determining the amount and duration of support, including fault or misconduct.
Types of Spousal Support
- Temporary – may be granted during the time between filing for divorce and the courts final disposition.
- Short-Term – may be granted for a short period of time.
- Long-Term or Permanent – may be granted indefinitely or until the agreement’s termination or modification.
Who is Eligible for Alimony in Mississippi
A court may order alimony for either party according to Mississippi law. The obligation to pay depends on the resources and needs of each spouse and will be determined by the court and laid out in the support agreement.
Mississippi Alimony Guidelines (Factors for Awarding Alimony)
A Mississippi court will look at the circumstances of the parties to determine alimony, including:
- Income and expenses of the parties;
- Earning capacities of the parties;
- Needs of each party;
- Obligations and assets of each party;
- Duration of the marriage;
- Children in the home;
- Age of the parties;
- Standard of living;
- Tax consequences;
- Fault or misconduct; and
- Any other factors the court determines to be relevant.
Reasons for Termination or Modification of Alimony in Mississippi
Modification or termination is generally available when circumstances of either party change substantially. The party seeking modification must petition the court and provide evidence of the changed circumstances.
Marital Fault in Mississippi
Fault may be considered when determining the amount and duration of any award of alimony under Mississippi law.
How Long Does Spousal Support Last in Mississippi?
Spousal support or alimony may be granted for any duration as the court deems appropriate in a given case. The support agreement will state the length of time. Either party may petition the court for modification based on change of circumstances.
Mississippi Alimony Taxes
The spouse paying for support of another spouse may claim the payments as a deduction for tax purposes, and the spouse receiving support is to claim the payments as income. There may be ways to structure your agreement so that it is not considered income. To learn more, discuss your settlement agreement with a Mississippi attorney knowledgeable about tax law.
Find an Alimony Attorney in Mississippi
A Mississippi family law attorney can help you determine the best approach to divorce. The impact of alimony can be great. You should get the help of a professional to protect your assets and future income.