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Alimony and Property Distribution Attorneys

There is very little possibility that the husband or wife going through divorce in Mississippi will be awarded all of the marital estate. In other words, you are going to lose something. Mississippi is an equitable distribution state in which courts consider certain factors in dividing and distributing marital property. Equitable distribution does not mean equal distribution and there is no guarantee that the court will divide the marital estate 50/50. The marital estate consists of all marital property, including property held outside Mississippi, which could include a military pension, retirement accounts, a multi-million dollar business, or just the living room furniture. Alimony is designed to financially provide for a spouse after divorce. It is becoming rare for Mississippi courts to award permanent alimony. Rather, alimony is more likely to be in the form of a lump sum or periodic payments. It is imperative in all divorce cases that property distribution and alimony provisions be properly constructed to avoid future litigation.

Mississippi Courts apply the Ferguson Factors when dividing marital property. Those factors are:

  • Contribution to Accumulation of Assets
  • Needs of Each Spouse
  • Spouse’s Separate Estate
  • Elimination of the Need for Alimony
  • Fault
  • Prior Use or Distribution of Assets
  • Emotional Value of Assets
  • Tax Consequences

Alimony and property division are closely related and the Court will seek to limit, or eliminate, the need for alimony if possible. The test for awarding alimony in Mississippi divorces is the application of the Armstrong Factors, which are:

  • The Parties’ Income and Expenses
  • The Parties’ Health and Earning Capacity
  • The Needs of Each Party
  • The Obligations and Assets of Each Party
  • The Length of the Marriage
  • The presence or absence of minor children in the home
  • The Parties’ Ages
  • The Parties’ Standard of Living During the Marriage
  • Tax Consequences
  • Fault or Misconduct
  • Dissipation of Assets by Either Party
  • Any other Just and Equitable Factors

I cannot stress how important it is to consult an experienced Mississippi divorce attorney in order to make sure you receive the property you are entitled to in your divorce case. The consequence of not hiring quality counsel will be long lasting — you’ll either receive less than you’re entitled to, or pay much more than you should. Call us now at 228-206-5758 for your free consultation and let us show you how we can help with your Mississippi divorce.

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