Alimony is one of the last issues addressed in a divorce. In Mississippi, alimony is not necessarily awarded, but if, after the marital assets have been fairly divided, one party is left with a deficit, then alimony is considered.
Four Kinds of Alimony in Mississippi
1. Periodic Alimony
As Periodic alimony is designed as a substitute for the martial support obligation, it last until the death of either spouse or the remarriage of the receiving spouse. Until then, the amount can be increased or decreased by order of the court, or even terminated by a court order, but cannot be changed by one of the parties alone.
2. Lump Sum Alimony
Lump sum alimony is designed to equalize the two parties and can be paid in a single amount or in fixed installments. Once the amount is determined in the divorce proceedings, it cannot be changed unless one party commits fraud. The amount vests in the receiving spouse and if the paying spouse dies before the whole amount is paid, it becomes an obligation in the deceased spouse's estate.
3. Rehabilitative Alimony
Rehabilitative alimony, as the name implies, is designed to help one party become self-supporting by financing their needs for a fixed period of time. It allows the receiving party to complete training or schooling that will enable them to find work. It can be increased or decreased by the court or even terminated.
4. Reimbursement Alimony
Reimbursement alimony is designed to repay one spouse for contributing to the other spouse's career or personal goals during the marriage - such as a husband caring for their home and children while his wife completes law school.
Factors Considered by the Court
The court decides what type of alimony should be paid, by whom, and what the amount should be. In determining these things, the court will look at twelve factors:
- The length of the marriage
- The age of the two parties
- The needs of each party
- Each party's health and earning capacity
- Each party's income and expenses
- Each party's assets and obligations
- Any minor children of the marriage who need child care
- Tax consequences of the spousal support order
- Each party's standard of living, during the marriage and later, at the time spousal support is determined
- Each party's fault or misconduct
- Dissipation of assets by either party
- Other just and equitable factors
Each case of divorce is individual and all arrangements are customized for the two divorcing people. Our family law attorneys are highly experienced in all the issues that can arise in a divorce, and can answer your questions clearly.
If you are in Brandon or Jackson Mississippi and would like to know more about alimony related to your divorce or prospective divorce, please contact our Jackson law firm today for a free consultation.