Spousal Support in Mississippi: A Full Guide

Mississippi's alimony law is largely court-made. The state's core statute—Miss. Code Ann. §93-5-23—gives chancery courts broad discretion to award spousal support “having regard to the circumstances of the parties and the nature of the case.” Because the statute offers little detail, Mississippi appellate courts filled the gap through landmark decisions, most notably Armstrong v. Armstrong (1993), which established the 12-factor test judges use today. This guide explains how each type of alimony works, who qualifies, and what to expect if spousal support becomes an issue in your divorce.

Types of Alimony in Mississippi

Mississippi recognizes five forms of spousal support, each with different rules on modification and termination:

• Temporary alimony (§93-5-17(2)) — Support ordered while the divorce is pending. It covers living expenses, attorney's fees, and litigation costs until the court enters a final judgment. Arrears accrued under a temporary order can still be collected after the decree.
• Periodic alimony — Ongoing monthly payments with no fixed end date, designed for situations where the receiving spouse cannot become self-supporting due to age, health, or limited earning capacity. Periodic alimony is modifiable and terminates automatically on remarriage or the death of either party. Armstrong v. Armstrong, 618 So.2d 1278 (Miss. 1993).
• Rehabilitative alimony — Time-limited monthly payments intended to help the recipient gain education, training, or work experience needed to become self-supporting. The court sets a defined end date, typically tied to a concrete plan such as completing a degree or certification. Hubbard v. Hubbard, 656 So.2d 124 (Miss. 1995).
• Lump-sum alimony — A fixed total amount paid either all at once or in installments. Unlike periodic alimony, it vests immediately, cannot be modified, and does not terminate on remarriage. If the paying spouse dies before completing installments, the balance becomes a claim against their estate. East v. East, 493 So.2d 927 (Miss. 1986).
• Reimbursement alimony — Equitable repayment when one spouse funded the other's education or professional training with the expectation that the family would share in the economic benefit, but divorce intervened before that occurred. Guy v. Guy, 736 So.2d 1042 (Miss. 1999).

Who Qualifies for Alimony

Mississippi has no statutory formula. Instead, courts apply the 12-factor test from Armstrong when deciding whether to award alimony, what type, and how much:

1. Income and expenses of each party
2. Health and earning capacity
3. Needs of each party
4. Obligations and assets of each party
5. Length of the marriage
6. Presence or absence of minor children in the home
7. Age of the parties
8. Standard of living during the marriage and at the time of the hearing
9. Tax consequences of the support order
10. Fault or misconduct
11. Wasteful dissipation of assets
12. Any other factor the court deems just and equitable

In practice, need versus ability to pay drives the outcome. The court aims to give the receiving spouse a reasonable approximation of the marital standard of living while leaving the paying spouse able to maintain a decent standard of living. Cleveland v. Cleveland, 600 So.2d 193 (Miss. 1992). The equitable distribution of marital property under Ferguson v. Ferguson (1994) is completed first, and alimony fills any remaining gap.

Fault matters but is not dispositive. A spouse who committed adultery or other marital misconduct may receive a reduced award or no alimony at all, but the modern focus is economic need rather than punishment.

How Courts Set the Amount

Unlike Mississippi child support, which follows statutory percentage guidelines under §43-19-101, alimony has no formula and no cap. Chancellors work from each spouse's financial disclosures required under Uniform Chancery Court Rule 8.05—including income, monthly expenses, tax returns, and a short employment history—then weigh the Armstrong factors against the property division already ordered.

The Mississippi Bar notes that the amount must be reasonable: the recipient should not be “almost destitute” without support, while the paying spouse retains the right to “live as normal a life as possible.” Because judges have wide latitude, awards vary significantly across Mississippi's chancery courts.

Practical Tip: Since Mississippi has no alimony formula, detailed financial disclosure is critical. Prepare a thorough Rule 8.05 financial statement showing both your monthly needs and your spouse's ability to pay. Courts rely heavily on this evidence, and inaccurate statements can be treated as fraud on the court.

See how Mississippi spousal support might apply to your situation:

How Long Does Alimony Last

Duration depends entirely on the type of alimony awarded and the specific facts of the case:

• Periodic alimony: No fixed end date. It continues until the death of either party, the remarriage of the recipient, or a court order modifying or terminating it. Long marriages with a durable income gap often result in indefinite periodic support.
• Rehabilitative alimony: Time-limited with a court-set end date, commonly 12 to 48 months, tied to a concrete rehabilitation plan such as completing a degree or job training program. Extensions require a showing of changed circumstances.
• Lump-sum alimony: The payment schedule is fixed at the time of the decree. It cannot be modified or extended regardless of changed circumstances.
• Reimbursement alimony: Typically structured as a lump sum based on the supporting spouse's proven contributions toward the other's education or training.

Mississippi has no statutory duration matrix or cap. Any “guidelines” you may encounter in negotiation resources are nonbinding rules of thumb, not law. The chancellor decides duration case by case using the Armstrong factors.

Modification and Termination

Either party may petition to modify periodic or rehabilitative alimony by showing a material change in circumstances that arose after the decree and was not reasonably foreseeable at the time. Common examples include job loss, significant income changes, serious illness, or retirement. The change must be substantial and continuing, not temporary or self-induced. Varner v. Varner, 666 So.2d 493 (Miss. 1995).

Periodic alimony terminates automatically upon:

• Death of either spouse
• Remarriage of the receiving spouse
• Cohabitation: Mississippi courts recognize that proven cohabitation creates a rebuttable presumption of mutual financial support. The burden shifts to the recipient to show there is no mutual support. If the presumption is unrebutted, the court may terminate or reduce alimony. Scharwath v. Scharwath, 702 So.2d 1210 (Miss. 1997). Where the decree contains an express cohabitation clause, courts enforce it according to its terms. If you are weighing your options, see our guide on Mississippi uncontested vs. contested divorce.

Lump-sum and reimbursement alimony are non-modifiable regardless of changed circumstances and do not terminate on remarriage or cohabitation. Parties cannot contractually waive the court's power to modify periodic alimony; such clauses are unenforceable. Bell v. Bell, 572 So.2d 841 (Miss. 1990).

Tax Treatment

For divorces finalized after December 31, 2018, alimony is not deductible by the payer and not taxable to the recipient under the federal Tax Cuts and Jobs Act. Pre-2019 orders retain the old deductible/taxable treatment unless a later modification expressly elects TCJA rules. IRS Publication 504 explains these rules in detail.

Mississippi conforms to this federal treatment. Under Miss. Code Ann. §27-7-15(2)(e), the state follows federal rules in determining the deductibility and taxability of alimony payments. For post-2018 decrees, alimony is neither deductible by the payer nor taxable to the recipient at the state level.

Frequently Asked Questions

Does Mississippi use a formula to calculate alimony? No. Mississippi law gives chancellors broad discretion to set alimony amounts based on the 12 Armstrong factors. There is no guideline percentage or calculator built into the statute, which means awards vary widely depending on the judge and the evidence presented.

Can fault affect an alimony award? Yes. Fault or misconduct is one of the 12 Armstrong factors. A spouse who committed adultery or other misconduct may receive a reduced award or no alimony at all, although the modern trend focuses on economic need rather than punishment.

Does alimony survive the paying spouse's death? It depends on the type. Periodic alimony ends at the death of either party. Lump-sum alimony, however, vests when awarded and survives death—any unpaid balance becomes a claim against the paying spouse's estate.

What happens if my ex stops paying? You can file a contempt petition with the chancery court that issued the alimony order. Mississippi courts enforce periodic and rehabilitative alimony through contempt proceedings, wage withholding when combined with child support, and money judgments for arrearages that accrue interest under §75-17-7.