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Understanding Alimony in Mississippi

Jackson Divorce Lawyer

Will you be required to pay alimony after your divorce? Are you entitled to alimony? These are key questions to address in any divorce. At Chinn & Associates, we can offer guidance related to your right to receive or responsibility to pay alimony and can protect your legal rights and financial stability in either scenario. We represent clients in divorce proceedings in Jackson and the surrounding areas in Mississippi.

To learn more about alimony and how a Jackson divorce lawyer can help, call our firm at (601) 202-5594.

Types of Alimony

The court has at its disposal several ways in which to style alimony payments to best serve the parties’ needs. The court may use one, several, or all forms of aid in combination to provide for material needs of spouses incident to divorce. As a Jackson divorce attorney with four decades of legal experience, Mark Chinn understands the ins and outs of alimony, including how it is determined, when it is awarded, and what type or types may apply.

The following are the primary types of alimony in Mississippi:

  • Periodic Alimony: Periodic alimony is a monthly sum paid to the recipient spouse until the death or remarriage of the recipient spouse, or until the death of the paying spouse. There can be no fixed termination date and it may be modified or terminated by the court in the event of a material change in circumstances.
  • Rehabilitative Periodic Alimony: Rehabilitative alimony, also called periodic transitional alimony, is an equitable mechanism which can give a party who needs assistance a temporary means of support that allows them the opportunity to become self-supporting after the divorce, without becoming destitute in the process. This is alimony to help a spouse “get back on his or her feet” after the divorce. A chancellor may award periodic alimony and place a time limitation on how long it is to be paid, thus creating “rehabilitative” periodic alimony. Like periodic alimony, this type of alimony is modifiable during the period in which it accrues, but does not automatically terminate upon the recipient spouse’s remarriage.
  • Reimbursement Alimony for a Medical Degree and License: In Mississippi, professional degrees are not marital property subject to equitable distribution upon divorce. Courts have reasoned that because an educational degree does not have exchange value, cannot be sold, transferred or conveyed, is personal to the holder, and terminates upon death, that it has none of the attributes of property in the usual sense of that term. However, if a spouse is able to establish to the court that he or she paid for a former spouse’s education, then he or she would be entitled to reimbursement for that expenditure. Guy v. Guy, 736 So.2d 1042 (MS 1999). In addition, the courts have allowed for a deferral of the alimony issue until a young doctor or resident is earning a higher wage.
  • Lump Sum Alimony: Lump sum alimony is a lump sum payment or a fixed and certain sum of money that is due and payable over a definite period of time. This type of alimony is intended as a final settlement and equalizer between the parties and is not modifiable, absent fraud.

The Determination of Alimony in a Jackson, MS Divorce

The following factors may be used by Mississippi courts to determine whether to award alimony:

  • The health of each spouse;
  • The earning capacity of each spouse;
  • All income sources for each spouse;
  • Income taxes paid by each spouse;
  • The reasonable needs and living expenses of each spouse;
  • The needs of the children, if any;
  • The length of the marriage;
  • Misconduct by either spouse, if any; and
  • Other applicable factors.

Find out more about alimony from a team of professionals that has the knowledge to provide accurate insight. Call Chinn & Associates at (601) 202-5594!

Mississippi Divorce Litigation

Empowering & Educating Spouses

Mississippi Divorce Litigation

Empowering & Educating Spouses

Chinn & Associates, PC's video center is filled with vital information you need to know. Our divorce videos include advice for practical issues like how to prepare for your first appointment, the basics of divorce, what constitutes irreconcilable differences, and why you need a pre-paid phone before you attempt to file a divorce. Mark Chinn has decades of experience handling family law cases exclusively, and his counsel has helped lead thousands to a better future.

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