Calculate Alimony Under Mississippi Code § 93-5-23
Key Factors:
Established the 12 Armstrong factors for alimony: income, needs, assets, marriage length, fault, etc.
Fault remains relevant even in no-fault divorces.
Estates can receive credits for partial payments and life insurance proceeds when calculating alimony debts of deceased payor.
Cohabitation alone doesn't terminate alimony; payor must prove substantial change. Rehabilitative alimony can be extended for delays beyond recipient's control.
Under MS Code § 93-5-23, alimony can be modified for:
Note: Modifications are not retroactive. Only periodic/rehabilitative alimony is modifiable.
Periodic Alimony: Ongoing payments, modifiable, ends on remarriage/death.
Lump Sum Alimony: Fixed amount, not modifiable.
Rehabilitative Alimony: Temporary for education/training.
Reimbursement Alimony: Repayment for contributions to spouse's career.
MS Code § 93-5-23
No statutory formula. Judges use Armstrong v. Armstrong factors: income, needs, marriage length, standard of living, tax consequences, fault, and other equitable factors.
Under 10 years: Permanent alimony unlikely.
10-20 years: Possible but not guaranteed.
Over 20 years: Likelihood of permanent alimony increases substantially.
Modifiable: Periodic and rehabilitative alimony (requires substantial change in circumstances).
Not modifiable: Lump-sum and reimbursement alimony.
Automatic termination: Recipient's remarriage or death of either spouse.
Bowe v. Bowe, 557 So.2d 793 (Miss. 1990)
Fault is one of the Armstrong factors. Adultery may reduce or eliminate alimony for the at-fault spouse. Fault can be considered even in no-fault divorces per O'Brien v. O'Brien (2014).
For decrees after Jan. 1, 2019: NOT deductible by payor, NOT taxable to recipient under federal law (TCJA). This provision sunsets after Dec. 31, 2025, unless Congress extends it. Mississippi follows federal treatment.
Alimony: Ongoing support based on need and ability to pay, may be modifiable.
Property Division: One-time distribution of marital assets, typically not modifiable after final judgment.
Payor may petition to modify/terminate alimony upon retirement at a reasonable age (typically 65+). Early retirement to avoid support obligations is not considered reasonable.
While all courts apply the same Armstrong factors, urban counties (Hinds, Madison) may award higher amounts due to cost of living, while rural counties typically award less. Judicial discretion varies.