Is alimony awarded if the recipient moves to a different state?
In Mississippi, alimony (also known as spousal support) is generally awarded to one spouse in the event of a divorce. If the recipient of alimony decides to move to a different state, the answer as to whether that spouse is still eligible to receive alimony is generally determined by the jurisdiction of the court that issued the original award. In most cases, the original court has the power to modify the alimony award and affirm its continuation, regardless of the recipient’s location. The court order only has jurisdiction within the issuing state, but Mississippi courts may issue an order that addresses a spouse’s removal to another state. This type of order is called an extraterritorial order, which allows the court to modify or enforce alimony even if the recipient has moved out of state. If the court does not issue an extraterritorial order, the recipient must continue to meet the criteria for alimony eligibility in the new state that they have moved to. In cases where the recipient has moved to another state, the recipient will need to file a motion to modify their alimony order in the court in the new state. The court in the new state will then review the case and make a decision as to whether the recipient is still eligible to receive alimony. Ultimately, the court must determine if the recipient is still eligible for alimony even though they have moved to a different state. Generally, an extraterritorial order will be necessary if the recipient has moved out of state in order for alimony to continue.
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