Alimony, or spousal support, is financial assistance one spouse pays to the other after a divorce. In Mississippi, courts evaluate several factors to decide whether alimony is appropriate, including the amount and duration.
Financial needs and earning capacity
Courts assess the financial situation of both spouses, including income, expenses, and earning potential. If one spouse earns significantly less or cannot support themselves, alimony may help address the disparity. Education, skills, and work history are also considered. Judges also evaluate whether the spouse seeking alimony has the resources to meet their financial needs without assistance.
Length of the marriage
The duration of the marriage influences decisions. Longer marriages often result in higher or longer-term awards, while shorter marriages may lead to minimal or no alimony. Courts see longer marriages as having more intertwined finances, making financial support more likely.
Contributions to the marriage
Judges evaluate each spouse’s contributions during the marriage, whether financial or non-financial. Managing the home, earning income, or sacrificing career opportunities to support the other spouse’s career can all factor into the decision. For example, a spouse who stayed home to raise children may be awarded alimony to account for those sacrifices.
Fault in the marriage breakdown
Mississippi courts can consider fault when deciding alimony. Misconduct such as adultery or cruelty may affect whether alimony is awarded and the amount. However, fault is one of many factors and does not guarantee a specific outcome.
Standard of living
Courts strive to avoid severe financial disparities post-divorce by considering the lifestyle maintained during the marriage. Alimony may help one spouse maintain a similar standard of living. Judges aim to balance fairness while recognizing the financial realities of both parties after the divorce.
Alimony decisions depend on the unique circumstances of each case. Knowing these factors can help divorcing spouses understand the process and what to expect.