Mississippi Marital Property Division Guide

Mississippi follows equitable distribution as established in the landmark case Ferguson v. Ferguson (1994). Unlike states with statutory factors, Mississippi courts apply the Ferguson factors—a framework developed by the Mississippi Supreme Court to ensure fair property division. Understanding these rules is essential whether you're pursuing an uncontested or contested divorce.

Equitable Doesn't Mean Equal

In Mississippi, courts divide marital property based on the equities of each situation—not automatically 50/50. While judges often start with equal division as a baseline, the Ferguson factors can shift the balance significantly:

• Title ownership doesn't determine who gets what
• Both spouses' contributions are presumed equally valuable
• The final split depends on individual circumstances

The Ferguson Factors

Courts evaluate these eight factors when dividing marital property:

• Substantial contribution to property accumulation—including economic contributions, homemaking, and support for the other spouse's education or career
• Disposition of marital assets—whether either spouse wasted or improperly transferred property
• Market and emotional value of assets to each party
• Value of non-marital property—assets brought to the marriage or received as gifts/inheritance
• Tax and economic consequences of the proposed division
• Eliminating future friction—whether property division can reduce need for ongoing financial ties
• Financial security needs—considering assets, income, and earning capacity
• Any other equitable factor relevant to the case

Recognizing All Contributions

Mississippi courts recognize that contributions come in many forms:

• Direct economic contributions—income and assets brought into the marriage
• Indirect economic contributions—supporting a spouse's career or business
• Homemaking and family duties—the quality and quantity of time devoted to family
• Educational support—helping a spouse earn degrees or certifications

Separate vs. Marital Property

Not all property is subject to division. Separate property typically includes:

• Property owned before marriage
• Gifts and inheritance received by one spouse
• Property excluded by agreement

However, commingling can convert separate property into marital property. If you mix an inheritance with joint funds, it may become subject to division. Similarly, transmutation occurs when separate property is treated as marital—like adding your spouse to the deed of a premarital home.

Role of Marital Fault

Mississippi may consider marital fault in property division, but with an important limitation: the division should not be used to punish a spouse for misconduct. Fault is just one factor among many.

The Family Home

Learn more about who gets the house in a divorce and how Mississippi courts handle real estate division.

Estimate Your Mississippi Divorce Costs

Property division complexity affects overall divorce costs. Use our calculator for a personalized estimate:

Next Steps

Understanding Mississippi's equitable distribution system is essential for protecting your financial interests. Key takeaways:

• Mississippi uses the Ferguson factors from case law
• Equitable means fair—not necessarily 50/50
• All contributions—financial and non-financial—are valued
• Commingling can convert separate property to marital
• Fault may be considered but not for punishment

For official forms and court information, visit the Mississippi Courts. Review the Mississippi divorce timeline to understand the process. Consulting with a Mississippi family law attorney is recommended for divorces involving significant assets.