Divorce Alimony in Mississippi

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One of the important aspects of marital dissolution is the separation of the property between partners. Sometimes, it may happen that the division of assets does not result in an equitable and fair distribution. Thus, the court utilizes the provision of spousal maintenance to ensure the financial equality between both partners. Divorce alimony in Mississippi is granted to the spouse seeking monitory assistance to overcome the problems after termination of marriage.

In the past, one spouse (usually the wife) was financially dependent on the other (i.e. the husband). Presently, it is observed that both the husband and wife earn money. Along with time, the objective of spousal maintenance has evolved. The prime motive is to retain the standard of living of both spouses that had existed in the marital life. Therefore, the award of spousal support is issued without considering gender differences.

Guidelines for determination of Divorce Alimony in Mississippi

It is possible that there exist a pre nuptial accession between partners. The court follows the terms of these agreements, if it finds it legally appropriate. If the spouses rely on the jurisdiction for decision, it considers various factors before determining the details about the payment of maintenance. The Supreme Court in this state has listed 12 points that must be contemplated upon by the court prior to giving a judgment -

• Whether any partner was involved in wasteful dissipation of the marital assets?
• Has there been any past record of misconduct or fault in marital life?
• After the spousal support order would be enforced, what would be its consequences on the tax to be paid by each partner?
• The standard of living of the spouses during the marital life, as well as at the moment the spousal support was determined.
• The age of both the partners.
• Whether minor children are present in the house? If yes, is it necessary that one or both spouses either disburse money or personally offer child care?
• The duration of marital life.
• The assets and obligations of both spouses.
• The requirements of both parties.
• The earning capacity and health of both partners.
• The income earned and expenditure incurred by both spouses.
• The behavior of both spouses in the married life. Whether a spouse has a past history of violence or criminal charges.

Types of Divorce Mississippi Alimony

Spousal support can be paid in various forms. Sometimes, it can be payment for specific expenses or essential requirements. Most times, it is in the monitory form that is paid for a specific period.

Lump sum amount

• This is a fixed and final dollar maintenance.
• It is disbursed as a single payment or over some period of time.
• The court does not alter this amount after it is originally granted.
• If either spouse marries or dies in the future, there is no alteration in the court order.

Periodic alimony

• This may be modified at any time.
• It is terminated if the recipient spouse cohabits or remarries or either spouse dies.

Immediate support

• It is a kind of maintenance that is granted till the litigation is pending.
• Generally, this kind of support expires once the case has reached to its final conclusion with an authorized order by the judge.

Failure to pay Mississippi Alimony

If the payer spouse does not disburse the payment, the court can resort to some action as stated below:

• Issue of a contempt of court ruling against the payer spouse
• The legal action against the financial sources.
• Obtaining a lien on the property of the payer.
• Garnishment of the payer's salary.

Modification of Mississippi Alimony

• Both the husband and the wife may issue a petition to the court to alter the amount of periodic payment.
• Let us assume that the payer spouse has willfully altered his financial condition to force modification and prevent payment. For example, the payer may quit his/her job. This is not permitted by law.
• However, the court acknowledges any emergency conditions or special hardships of the payer. If these are reasons, then the court might decrease the payments or relieve the payer spouse from the obligation.
• In case of the beneficiary spouse, he or she must submit evident documents to convince the court that an increase in spousal support is necessary.

These are some of the important legal provisions regarding divorce alimony in Mississippi. The spouses may take help from the legal experts to formulate the agreement that suits both of them.

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