Split Legal Mississippi Alimony Forms For Free

No. Mississippi does not formally recognize legal separations. This means you can separate from your spouse informally, but a court won't issue a legal separation order. Mississippi law offers couples an alternative to legal separations?maintenance orders.

Alimony is based not only on a wife's need to receive alimony, but also on the husband's ability to pay alimony. Especially in low-income situations, it is easy to prove that the wife needs alimony, but if the husband is already struggling to pay his bills, he has no income to pay alimony, so none will be ordered.

So long as both parties agree, they can file. Alternatively, a spouse may file a fault-based divorce, citing a specific reason they seek to terminate the marriage (i.e. adultery, abuse). Spouses do not need to be legally separated for any duration of time in order to file for divorce.

Mississippi law defines two types of alimony, lump sum and periodic payment. Lump sum alimony is a fixed and final dollar amount paid either in a single payment or over a period of time. The court cannot later modify the amount, nor does the death or remarriage of either spouse affect it.

If you can show financial need and your spouse has the financial means to support it, the court can award you alimony, also known as spousal support. An alimony award might also be appropriate if you are unemployable, meaning that you lack training or education or you have a disability and are unable to work.

(1) it can be modified if there has been a clear and substantial change in circumstances of either (former) spouse; (2) a payor cannot premise his modification request on his voluntarily worsening his financial picture (i.e., quitting his job, incurring new debt, starting a second family);