ALIMONY IN MISSISSIPPI
There are four kinds of alimony that a spouse can be awarded in Mississippi. They are:
Permanent Alimony
In permanent alimony, a spouse is awarded a periodic, or monthly, payment. This type of alimony generally ends upon the death of either spouse, or the remarriage of the recipient spouse. Also, this type of alimony may be increased, decreased, or terminated, after it is awarded. In making an award or permanent alimony, the Court considers these factors:
income and expenses of the parties;
health and earning capacities of the parties;
needs of each party;
obligations and assets of each party;
length of the marriage;
presence or absence of minor children in the home, which may require that one or both of the parties either pay, or personally provide, child care;
age of the parties;
standard of living of the parties, both during the marriage and at the time of support determination;
tax consequences of the spousal support order;
fault or misconduct of the parties in giving rise to the divorce;
wasteful dissipation of assets by either party; or
any other factor deemed by the court to be “just and equitable” in connection with the setting of spousal support.
As you can see, the award of permanent alimony is not made lightly. Many factors go into the decision of a court to award permanent alimony; it is not an arbitrary award. Also, permanent alimony is becoming more and more rare in divorces. So, this isn’t something that you should count on.
Rehabilitative Alimony
Rehabilitative alimony is temporary. It is considered a transitional amount that helps one spouse to become able to support themselves, without leaving them destitute in the meanwhile. This is typically to help a spouse who now needs to re-enter the workforce, or obtain a viable income. An award of rehabilitative alimony is made based on a consideration of the same factors above, in permanent alimony. The major difference is that rehabilitative alimony has an ending date. A Court can award rehabilitative alimony for months or years, but a definite ending date is known at the time of the award. This type of alimony can also be increased, decreased, or terminated before it is set to end, and also may end upon the remarriage or, perhaps, cohabitation of the receiving spouse.
Reimbursement Alimony
Reimbursement alimony is provided to a spouse who has provided for or supported another spouse while they have completed school. These kinds of support can’t necessarily be monetized. For example, a husband who put himself at a disadvantage and worked to support a wife who attended dental school. This type of alimony is for a specific amount that become immediately use but may be paid in payments. It is not modifiable, and does not terminate upon death or remarriage.
Lump Sum Alimony
Lump sum alimony is a fixed, certain sum. It becomes due at the time of the award, and it can also be paid in payments. Unlike permanent alimony, it cannot be modified and it does not end upon death or remarriage. The Court considers these factors in awarding lump sum alimony:
o whether the spouse seeking lump sum alimony made a substantial contribution to the potential payor's accumulation of wealth;
o length of marriage;
o disparity between the parties' separate estates; and whether the spouse seeking lump sum alimony would lack financial security in the absence of an award of lump sum alimony.
Mississippi also provides for hybrid alimony, which is a combination of any of these versions of alimony. Hybrid alimony is specific to your facts and your case, which is why it is becoming more and more popular.
Alimony is always an important question in a divorce, so it is important that you understand how and what you are entitled to in your divorce. It can also be difficult to determine, so make sure that if alimony is an issue for you or your spouse, you select an attorney that is well-versed in this subject.
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