Many clients ask me if Mississippi is a community property state.
The answer is NO.
Mississippi is not a community property state. Instead, Mississippi is an equitable distribution state. Equitable distribution essentially seeks a division of property that is fair and equitable. “Equitable” does not necessarily mean an equal division of the property. In many cases this may result in an equal division, but as little as one-third of the assets awarded to one party and two-thirds to the other may still be considered “equitable.” Additionally, equitable distribution only applies to marital assets. On the other hand, “community property” is that property that was acquired during the course of the marriage, regardless of how the property was purchased, whose funds the property was purchased with, or how the property is titled. Generally, property that is labeled “community property” means that each spouse is entitled to 50 percent title. Again, Mississippi is not a community property state.
How will I know if I am eligible to receive alimony?
The court must determine if you have fewer resources than your spouse after the marital property has been divided. Some of the factors considered in making this determination will be the income and expenses of both parties, earning capacity of each party, reasonable needs of each party, standard of living both during the marriage and at the time of divorce, and the assets awarded to each party in the divorce. If it is determined that a disparity exists, the court will then analyze whether this disparity should be remedied. The factors considered in making this determination are the length of the marriage, age and health of the parties, marital fault, dissipation of assets, tax consequences, and any other factor that the court deems relevant to determining spousal support. Every case for alimony is unique. Providing your lawyer with clear and detailed information about the facts of your marriage and current situation will increase the likelihood of a fair outcome for you.
What information should I provide to my attorney if I want alimony?
If your attorney advises you that you may be a candidate for alimony, be sure to provide complete facts about your situation, including:
- A history of the interruptions in your education or career for the benefit of your spouse, including transfers or moves due to your spouse’s employment
- A history of the interruptions in your education or career for raising children, including periods during which you worked part-time
- Your complete educational background, including the dates of your schooling or training and degrees earned
- Your work history, including the names of your employers, the dates of your employment, your duties, your pay, and the reason you left
- Any pensions or other benefits lost due to the interruption of your career for the benefit of the marriage
- Your health history, including any current diagnoses, treatments limitations, and medications
- Your monthly living expenses, including anticipated future expenses such as health insurance and tax on alimony