Alimony, which is also known as spousal support, may be ordered by a judge in the event of a divorce if either spouse does not possess a separate estate or if a spouse's assets are not substantial enough to provide a sufficient means of support.
In most cases, alimony occurs as a monthly allowance that is paid by one spouse to the other.
In the state of Mississippi, the purpose of alimony is to compensate for any undue, financial effects of a divorce by providing a continuing source of income to the lower-wage earning or non-wage earning spouse.
In many states, alimony award guidelines are based on the federal Uniform Marriage and Divorce Act.
In all states, spouses must have been legally married in order for them to be eligible to receive alimony, which is typically based on a settlement agreement made either between the spouses or at the judge's discretion.
In general, alimony awards do not have the enforcement power that child support orders possess, which can include things like property liens and wage garnishment.
However, spouses entitled to receive alimony are able to return to court to force payment though a contempt action if it becomes necessary.
In Mississippi, the three types of alimony are periodic, lump sum, and rehabilitative.
With periodic alimony, a spouse is provided with a source of income for an indefinite amount of time.
This type of alimony ceases in the event of the remarriage of the recipient spouse or the death of the paying spouse.
Periodic alimony can be modified by increasing, decreasing, or terminating the award, but any change must be made by the court's order and not at the discretion of one or both spouses.
Lump sum alimony is aimed at financially equalizing the spouses.
This type of alimony is typically made in one payment and calculated by the court.
However, there is also the option of lump sum alimony being paid on a fixed, periodic basis.
Lump sum alimony is not generally subject to modification unless fraud has been committed by one of the spouses.
In the event of the paying spouse dying before the alimony payments have been completed, lump sum alimony then becomes an obligation of the paying spouse's estate.
Rehabilitative alimony is the type of alimony that is awarded most often and can include payments for any education that the recipient spouse may need to become self-sufficient.
The purpose of rehabilitative alimony is not to equalize the spouses.
Rather it serves as a means of helping the recipient spouse get back on his or her feet.
This type of alimony is able to be modified by the court.
There is a variety of factors that can affect the type and amount of alimony that is awarded.
According to lawyers.
com, Mississippi law recommends that the following factors to be considered by the courts when awarding alimony: - The income and expenses of the spouses - The earning and health of the spouses - The needs, obligations, and assets of the spouses - Whether or not there are any children present - The ages of the spouses - The standard of living that was established during the marriage - Any marital fault - Any tax consequences - Any wasteful dissipation of assets - The marriage's length Alimony is not treated the same tax wise as child support payments are in the United States.
Under the rules of the Internal Revenue Service, in Mississippi, alimony is considered deductible for the paying spouse and taxable income for the recipient spouse, while child support is not.
A summary of divorce and alimony law in Mississippi can be found at http://divorcesource.
com.