Is alimony based on need or fault?

In Mississippi, alimony is based on need. Alimony, also referred to as spousal support, is a court-ordered payment from one spouse to the other. The purpose of alimony is to provide financial support to a spouse who is unable to support themselves after a divorce. In Mississippi, courts take several factors into consideration when determining if alimony should be awarded and how much should be paid. Factors such as each spouse’s earning capacity, any financial contributions of each spouse, the length of the marriage, the age and health of both parties, the standard of living during the marriage, and any other factors relevant to the case are all taken into consideration. Fault is not taken into consideration. When determining alimony, Mississippi courts look to the needs of the spouse who will be receiving alimony and the ability of the paying spouse to pay. If the receiving spouse is able to provide for their own needs, then alimony will not be awarded. However, if the receiving spouse is unable to provide for their needs, then alimony may be ordered. In summary, in Mississippi, alimony is based on need, not fault. Courts look at each spouse’s earning capacity, financial contributions, the length of the marriage, the age and health of both parties, and the standard of living during the marriage to determine alimony. Fault is not taken into consideration.

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Is alimony based on need or fault?

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