Does alimony have to be included in a divorce settlement?

In Mississippi, alimony does have to be included in a divorce settlement, though the amount and duration of payments is often litigated. The purpose of alimony is to help the lower-earning spouse maintain the same standard of living they had during marriage. Additionally, alimony may be used to help the receiving spouse gain job skills or education to become self-sufficient. In Mississippi, the factors that are taken into consideration when deciding whether alimony should be included in a divorce settlement are as follows: length of the marriage, age and health of the parties, earning capacity of the parties, contributions of the parties to the marriage and the standard of living established during the marriage. The court will consider evidence related to these factors to determine how much alimony should be paid and how long the payments should last. Alimony is not mandatory in Mississippi, and in some cases it may be denied. Additionally, if both parties agree to waive alimony in the settlement terms, it is possible to do so. If alimony has already been awarded in the divorce settlement, an action to modify or terminate the alimony obligation can be filed in the court. In summary, alimony does have to be included in a divorce settlement in Mississippi, though the amount and duration of payments is litigated based on a number of factors. Both parties are allowed to waive alimony from the settlement, and changes can be requested if the award is already included.

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