Understanding Alimony in Mississippi: What You Need to Know
In Mississippi, alimony, otherwise known as spousal support, can be awarded by the court if the need for financial support is proven. The spouse must be able to provide such support and the one requesting alimony must prove that their income does not cover their basic needs. In addition, a Mississippi court may award alimony to the requesting spouse if they are considered unemployable, such as if they lack training and education or have a disability.
As southern Mississippi lawyers with a specialty in family law cases, we want to make sure you understand the divorce process and what is involved when requesting alimony.
A Mississippi judge will look at the following factors in each divorce case:
- The income and expenses for each spouse
- The age, health & earning ability
- The needs, debts, and total assets for each party
- Whether childcare is a factor in each home
- The standard of living before and after the divorce
- If there has been any legal issues, fault or misconduct on either party
- What tax issues may arise after alimony is given
- If any assets have been wastefully dissipated
In cases where the spouse requesting the alimony was not employed, and, for example, decided to stay home to raise children, the courts will most likely order the other spouse to pay spousal support. In the event that the spouse being requested paid support from was not employable or did not make enough to support both in the marriage, the court may decide paying alimony is not beneficial.
Different types of Alimony
Depending on what best suits the divorcing couple, there are three different types of awards for alimony:
Examples: Monthly payment for a set duration of time or until a specific event occurs. Both spouses can request review for modification if circumstances change during this period.
Lump Sum Alimony:
This is a one-time payment that cannot be changed although it can be broken down into installments, depending on court approval. This type of disbursement cannot be changed even if the circumstance change during the payment interim.
This serves the purpose of helping one spouse get the education and training they need in order to become self-supporting. It is set for a specific amount of time and can be amended if the case arises.
Regarding specific guidelines for how to grant alimony, there are no certain terms as each judge decides what is appropriate and determines each issue on a case by case basis.
When it comes to filing taxes, the spouse paying support is able to claim the amount paid as a tax deduction. The spouse being paid support should report the amount given as taxable income.
When looking to find the support you need in order to get you the support you deserve, contact Boyce Holleman & Associates for a consultation on your divorce matters. We’ve been in the business for quite some time and know how to make sure you’re able to walk away from this troubling time with a confident and firm handle on the issues that matter the most. Let us know if we can be of any assistance at all.