Alimony Considerations Before a Mississippi Marriage

When two people get divorced, a common practice of the court is to award spousal support to one of the individuals. This amount of money is in addition to any child support payments because the money is to be used in two different ways. Child support must be used to benefit the child financially. In contrast, spousal support is usually awarded to a partner without the earning capabilities to maintain the lifestyle they enjoyed while dependent on the other person. In other words, if one partner has a lapse in work history or education that prevents them from achieving financial independence, they will usually be awarded alimony.

Types of Alimony

Alimony comes in three different types that the court awards based on specific circumstances. The most common type is called Rehabilitative Alimony and is specifically set up to be temporary. This is alimony that must specifically be used to improve the spouse’s employability. They may spend the money on training or education, as well as to maintain their lifestyle while they undergo this process.

The next type is Periodic Alimony, which was much more common in the past than it is today. This alimony is awarded periodically indefinitely, and it only ends when the dependent spouse remarries, or either spouse dies. The third type is called Lump-Sum Alimony, and as the name suggests, it is often delivered all at once. Unlike Periodic or Rehabilitative Alimony, Lump-Sum Alimony cannot be raised or lowered when either side experiences hardships. The amount stays static, and it is usually paid off in one or two payments.

How Is Alimony Determined?

A judge will look at many factors when assigning the type and amount of alimony to be paid. For instance, a judge will consider the incomes and expenses of each spouse. They will also look into if child support is necessary and the standard of living currently enjoyed by the dependent spouse and the children. He may even consider whether Fault Grounds contributed to the divorce. These are grounds for suing for divorce that include things like adultery, domestic violence, and in some cases, even the intentional withholding of sex.

 

For more information about alimony and how you can be affected by it, call The Law Offices of Rusty Willard at (601) 824-9797.