Intro to Alimony

Alimony is probably one of the most complicated aspects of a Mississippi divorce. Chancellors have a lot of discretion in making alimony awards. Unlike child support, there are no statutory percentages to help guide judges or attorneys in determining the amount of an alimony award or agreement.

Since Mississippi adopted equitable distribution in 1994, alimony has become a secondary way to achieve financial equity between parties. First the court will divide the property, and if after distribution one party's assets and income are not sufficient to to meet reasonable expenses - the court may look to alimony to make up for the deficit.

In Mississippi there are four distinct types of alimony that can be awarded:

Permanent Alimony is an ongoing monthly support payment. It terminates at the death of either party - or if the party receiving the payment gets remarried. Permanent alimony may also be terminated upon the recipient's cohabitation (living with a new boyfriend or girlfriend).

Lump Sum Alimony is a fixed, certain amount that is vested at the time that the order is entered, even if paid in installments. It cannot be modified. It does not terminate at the payee's death or remarriage. It does not terminate at the payor's death, but survives as an obligation of the payor's estate.

Rehabilitative Alimony is designed to serve as temporary support for a spouse who may become employed after some training or job searching - it is assistance to help an individual in the process of becoming self-supporting. Courts have stated that the purpose of rehabilitative alimony is to avoid a spouse  becoming destitute in between divorce and reaching financial independence. Usually, rehabilitative alimony awards are shorter in duration - typically for no more than two or three years. Like permanent alimony, rehabilitative alimony terminates at the death of either the payor or payee. Unlike permanent alimony, rehabilitative alimony may not automatically terminate upon remarriage of the recipient party.

Reimbursement Alimony is the most recently developed type of alimony, having been created by the Mississippi Supreme Court in 1999. Reimbursement alimony is designed to repay one spouse that has supported the other through school before the couple has acquired any assets reflecting the educational investment. It is typically made in the form of a lump sum - and therefore is is not modifiable and does not terminate at the death or remarriage of either party.

Each alimony type has its benefits and its shortcomings. Working with a divorce lawyer to determine which type - or combination of types - of alimony will be in your best interest over the long term is of the utmost importance. Which type of alimony you are ultimately awarded or agree to will have a significant impact on your obligations down the road, and when or if you may be able to modify or terminate payments.