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.

Related FAQs

Can a court award alimony to both spouses in a divorce?
Does alimony have to be agreed upon by both parties?
Can alimony be increased if the payor's income increases?
Does liability for alimony continue after the death of the payor?
How long must a marriage last to qualify for alimony?
Are alimony payments deductible for both spouses in some states?
Are there rules for ending alimony payments?
Is alimony considered income?
Are alimony payments considered part of the marital estate?
Is there a time limit for requesting an alimony modification?

Is alimony based on need or fault?

Related FAQs

Related Blog Posts