If you can show financial need and your spouse has the financial means to support it, the court can award you alimony, also known as spousal support. An alimony award might also be appropriate if you are unemployable, meaning that you lack training or education or you have a disability and are unable to work.
Calculating Alimony in Mississippi Mississippi does not have specific guidelines or an alimony calculator. Each Judge makes decisions on a case by case basis, depending on the factors listed above. There is no formula for calculating spousal support.
Like most states, Mississippi uses the "equitable distribution" model to determine ownership of a married couple's assets and debts. That means that judges will divide a couple's property in a way that is fair to both spouses—which doesn't necessarily mean a 50-50 split.
40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.
What do I do if I want alimony? You can ask for alimony as part of a divorce proceeding. If you and your spouse reach an agreement about alimony, you can ask the judge to make the agreement a part of the court order. If you cannot reach an agreement, the judge will decide whether you are entitled to alimony.
The judge will also consider other related issues and circumstances presented in evidence. The judge strives to set an alimony amount that will provide the receiving spouse with approximately the same standard of living as experienced in the marriage. This gives the court a large degree of discretion.
Periodic alimony is appropriate in divorces where one spouse is unable to become financially independent, due to disability, age, or absence from the job market for an extended period. Periodic alimony ends when the recipient remarries or cohabitates or if either spouse dies. (Holley v. Holley, 969 So.
What disqualifies you from alimony in Mississippi? In Mississippi, a spouse may be disqualified from receiving alimony if they are financially self-sufficient, remarry, or cohabitate with another partner. Additionally, fault in the marriage, such as adultery, may impact alimony eligibility.
Armstrong, the Mississippi Supreme Court set the following guidelines to be followed in the award of Alimony: The income and expenses of the parties; The health and earning capacities of the parties; The needs of each party; The obligations and assets of each party; The length of the marriage;