Lesser-earning spouses or stay-at-home spouses may be entitled to alimony or spousal support from a higher-earning spouse in the divorce. There are several types of spousal support available in Mississippi, including:
- Periodic alimony: Monthly payments made by the higher-earning spouse to the lower-earning spouse for a set time (e.g., $1000 per month for 10 years). Payments will cease when either spouse passes away or the receiving spouse gets remarried.
- Lump sum: A one-time payment made by the higher-earning spouse to the lesser-earning spouse.
- Rehabilitative: Payments intended to help a lesser-earning spouse better support themselves financially. Funds may be used to pay for additional education or job training.
While there is no equation used to calculate how much alimony should be awarded in a divorce, the court will consider several factors when making its determination. The court may consider any factor that is “just and equitable.” Some of the factors to consider include:
- The length of the marriage
- The ability of each spouse to earn income
- The age and health of each spouse
- The contributions made by each spouse during the marriage
- Marital fault or misconduct
According to family law experts, a spouse who earned considerably less money than their spouse during the marriage may have a difficult time maintaining the lifestyle they had become accustomed to during the marriage post-divorce. Alimony provides the lesser-earner financial support during and/or after the divorce to ensure that they are able to care for themselves. If there is a material change in circumstances (e.g., increase in income), either spouse can file a request to modify alimony.