Mississippi Laws

[leftylizzie]

What is the name of your state (only U.S. law)? Mississippi
I have a cousin in Mississippi, homemaker for over 20 years, no children.
She never went to college.
Her husband is divorcing her and we were wondering if anyones how family courts in Mississippi typically award alimony or lump sum support. Is it on a percentage basis of spouses income and what might that percentage be? She plans to get a job but will need financial help.
Thanks.

[LdiJ]

Originally Posted by leftylizzie

What is the name of your state (only U.S. law)? Mississippi
I have a cousin in Mississippi, homemaker for over 20 years, no children.
She never went to college.
Her husband is divorcing her and we were wondering if anyones how family courts in Mississippi typically award alimony or lump sum support. Is it on a percentage basis of spouses income and what might that percentage be? She plans to get a job but will need financial help.
Thanks.

Remember that alimony and the marital property settlement will be two different issues.

She will be entitled to 1/2 of the marital assets (which includes, house, cars, retirement accounts, bank accounts, brokerage accounts etc.) That could end up being a lump sum.

She will also be responsible for 1/2 of the marital debts. (in which her share could end up getting deducted from her share of the assets)

Alimony would be separate from that, and there really is no set percentage or guidelines for that.

I would probably be in your cousin's best interest to go to college now, so that she can start a career and be self supporting in the future.

If there is a home with significant equity, or any other serious assets, it would probably be in her best interest to hire an attorney. Even if someone has to lend her the money, she can repay it from her share of the assets.

[nextwife]

And alimony would depend on their comparative incomes. Not going to college doesn't automatically mean that one is not making or able to make a comparable income. I never finished college, and I am very successful and earn as much as my husband.

[LdiJ]

Originally Posted by nextwife

And alimony would depend on their comparative incomes. Not going to college doesn't automatically mean that one is not making or able to make a comparable income. I never finished college, and I am very successful and earn as much as my husband.

You didn't get there overnight, however. It took time.

[nanato2]

Although I have never had any divorce proceedings in this state, I do believe it is a "title" state. If her name isn't on the "Title" , she has no claim to the property.
I'm sure there are Senior Members out there, that can explain better than I, what this means...

[LdiJ]

Originally Posted by nanato2

Although I have never had any divorce proceedings in this state, I do believe it is a "title" state. If her name isn't on the "Title" , she has no claim to the property.
I'm sure there are Senior Members out there, that can explain better than I, what this means...

Well...this is one senior member who has absolutely no idea what you are talking about. There are community property states and equitable distribution states. In either sort, a party is entitled to a share of any asset that accrued during the marriage, whether their name is on the title or not. Gifts and inheritances would be separate property, but only completely separate if they were maintained with separate property as well.

[nanato2]

I copied this from "Divorcesource.com" subtitled"Mississippi Divorce Source". I could not find a date of publication. It supposedly is from the Mississippi Code, but, again, I am sorry, I couldn't find ref. #s.

"Property Distribution: Mississippi is a "Title Property" state. In Mississippi the property distribution laws are based on the titling of the property. Each spouse will retain or be awarded all property that is in his or her name upon divorce. Over recent years this method has proven to be rather unfair, so certain judges have ruled in favor of a more equitable distribution method. On a case-by-case basis the court may look at certain factors and divide the property in a fashion other than basing the award simply on which spouse has title. The factors that have been considered are; the contribution each spouse has made to the acquisition of the property; the market vale of the property; the financial stability of the spouses; and the tax consequences of the property.".

[VeronicaLodge]

well that sounds like they are saying its actually and equitable distribution state.

[qurice]

What a co-inky-dink that you and your "cousin" are both married 20 years, with no college! It must run in the family.

[url=http://forum.freeadvice.com/showthread.php?t=423027]husband takes lower paying job[/url]

[2Mistakes]

MS is an equitable distribution state.

And OP, MS judges (especially on the coast) are not as quick to award alimony anymore.

There is no set formula or calculation for alimony in MS (or probably any other state.) There are too many variables involved that change from case to case.

How much does the husband make? How much does the wife make? How much could the wife make? How many years were they married? How much is each party going to receive in the property settlement? Are there children involved? Etc, etc, etc. And those are only some of the variables involved in determining alimony.

You (because we know that you are talking about you and not your cousin) are going to have to consult with a local attorney. Alimony is almost never cut and dry.

As a side note, my wife (who was a paralegal) sat in on a divorce trial with the attorney she worked for.

The wife was asking for alimony. She said she had no employable skills. The judge asked her to make a specific motion with her wrist and hand. She did so. He told her, "Well, you just proved that you can flip burgers. Get a job."

And she got no alimony.

[LdiJ]

Originally Posted by 2Mistakes

MS is an equitable distribution state.

And OP, MS judges (especially on the coast) are not as quick to award alimony anymore.

There is no set formula or calculation for alimony in MS (or probably any other state.) There are too many variables involved that change from case to case.

How much does the husband make? How much does the wife make? How much could the wife make? How many years were they married? How much is each party going to receive in the property settlement? Are there children involved? Etc, etc, etc. And those are only some of the variables involved in determining alimony.

You (because we know that you are talking about you and not your cousin) are going to have to consult with a local attorney. Alimony is almost never cut and dry.

As a side note, my wife (who was a paralegal) sat in on a divorce trial with the attorney she worked for.

The wife was asking for alimony. She said she had no employable skills. The judge asked her to make a specific motion with her wrist and hand. She did so. He told her, "Well, you just proved that you can flip burgers. Get a job."

And she got no alimony.

Lets also be a bit "real" too, and probably admit that the case your wife observed probably dealt with a spouse who was still young enough to work that kind of work, and another spouse who wasn't making a ton of money either.

[tuffbrk]

Point taken LdiJ - however, a 20 yr homemaker without ever having had children is not likely to attain much sympathy from the court. The OP does not indicate the party's age nor is there anything written that would give insight to the lifestyle this individual lived. That there were no questions related to assets makes me think the Hubby was not exactly a high end bread winner...

[LdiJ]

Originally Posted by tuffbrk

Point taken LdiJ - however, a 20 yr homemaker without ever having had children is not likely to attain much sympathy from the court. The OP does not indicate the party's age nor is there anything written that would give insight to the lifestyle this individual lived. That there were no questions related to assets makes me think the Hubby was not exactly a high end bread winner...

Its very possible that hubby is not a high end bread winner. Its also quite possible that the wife is in her early forties, which is plenty young enough to go to school and get some training for a career. Its equally possible however that she is just a few years away from retirement, which is going to make thing more complicated.