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Alimony in Mississippi

Alimony in Mississippi


Alimony is an option in divorce settlements for Mississippi residents.  Alimony is considered spousal support and is used to support either spouse that is at a substantial economic disadvantage as a result of the divorce.  Alimony in Mississippi will be ordered when there is not enough martial property to divide between the two spouses or can also be treated as compensation, if one spouse contributed substantially to the other’s education or job training.  Unlike previous views on alimony, it is no longer a punishment (despite what the payer might think) and there are options available to force a review or modification of an alimony arrangement due to a change in the circumstances of either party.


Types of alimony in Mississippi


There are two types of alimony in Mississippi, periodic and lump sum.  Lump sum involves the payment of the equalizing funds either in full or according to a payment plan.  This is not a reviewable arrangement and represents a determination on the part of the payer to pay this amount in court ordered alimony, regardless of if financial situations on either side improve or worsen.  You will see this form of alimony in Mississippi when such funds are ordered as compensation for supporting the spouse through schooling or other training activity.


Periodic alimony is the more conventional form of alimony and involves regular payments made to the spouse, in accordance with the terms of the divorce agreement.  This ceases up death or remarriage.  This arrangement can be reviewed if it is proven that the financial situation of the payer has gotten better or worse or that the financial situation of the recipient has gotten better or worse.


How is alimony calculated in Mississippi?


Alimony is calculated based on the income of the payer, including both actual and potential income.  Considerations are made if the other spouse would have severe financial hardship without alimony.  Custody of children will modify alimony in a big way, although child support may be a separate court order with special provisions to ensure that money is spent directly on the children.


Changing alimony in Mississippi


A material change in the circumstances of the spouse receiving or paying the support can warrant a revision of the alimony agreement.  This includes the potential income of the receiver increasing due to better education or opportunity or the loss of a job on the part of the payer.  Either part can request a revision of the agreement if a change in the other spouse’s circumstances changes substantially.  Unlike child support arrangements, these arrangements are not subject to auto-review.


Non-payment of alimony


The failure to comply with child or spousal support payments will lead to the garnishing of wages, revocation of licenses issued by the state, as well as other civil and criminal penalties.  Those that escape child support obligations will be labeled “deadbeat” which will impact background checks and other services.  Liens are also taken against the personal property of those who do not meet alimony obligations.