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Mississippi Spousal Support Calculator

Calculate Alimony Under Mississippi Code § 93-5-23

Income Information

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Marriage Details

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Marriage less than 5 years?
Marriage 10+ years?
Is recipient custodial parent? ℹ️Check if the alimony recipient has primary physical custody of minor children from the marriage

Mississippi-Specific Factors

Fault-based divorce grounds? ℹ️Check if divorce is based on fault grounds like adultery, cruelty, or desertion. Mississippi allows fault to affect alimony awards.

Mississippi Fault Grounds Impact (§ 93-5-1):

  • Adultery may reduce or eliminate alimony for at-fault spouse
  • Cruel treatment may increase alimony for victim spouse
  • Habitual drunkenness or drug use may affect awards
  • Desertion may impact alimony duration and amount

See: Mississippi Code § 93-5-1

Irretrievable breakdown (no-fault)? ℹ️Check if divorce is based on irretrievable breakdown (no-fault). Mississippi courts focus on financial need and ability to pay in no-fault cases.

Mississippi No-Fault Considerations:

  • Irretrievable breakdown: Most common ground for divorce
  • Focus on finances: Need and ability to pay are primary factors
  • Court discretion: Judges have wide latitude in determining awards

See: Mississippi Code § 93-5-2

Mississippi Professional License Rules:

  • Courts may consider enhanced earning capacity from licenses
  • Continuing education costs may be factored into awards
  • Malpractice insurance costs considered for medical professionals

See: Ferguson v. Ferguson, 639 So.2d 921 (Miss. 1994)

Mississippi Cohabitation Rules:

  • Alimony typically terminates upon remarriage
  • Cohabitation alone doesn't automatically terminate alimony
  • Payor must petition court for modification
  • Must prove substantial change in circumstances

See: McKee v. McKee, 418 So.2d 764 (Miss. 1982)

Needs and Resources

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Mississippi Retirement Rules:

  • Early Retirement (55-64): Courts examine whether voluntary or health-related
  • Normal Retirement (65+): May be grounds for modification
  • Retirement Accounts: IRA/401k withdrawals may be considered as income
  • Social Security: Benefits may substitute for alimony payments

See: Smith v. Smith, 954 N.E.2d 502 (Miss. 2011)

Earning Capacity

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Recipient Sacrificed Career for Marriage? ℹ️Check if recipient gave up career advancement opportunities to support the marriage (e.e., relocated for spouse's job, stayed home with children)
Recipient has disability? ℹ️Check if recipient has a documented disability that limits earning capacity. May qualify for longer-term alimony.

Duration Factors

Maintain marital standard of living? ℹ️Mississippi courts may consider maintaining the marital lifestyle, especially in long-term marriages
Significant separate property? ℹ️Check if recipient has substantial assets not subject to division (inheritance, pre-marital assets)
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Important Legal Note: This calculator provides estimates only based on Mississippi statutes and case law patterns. Actual court-ordered alimony may differ significantly as Mississippi judges have broad discretion in alimony determinations based on the Armstrong factors. There is no statutory formula for calculating spousal support in Mississippi . The calculation is not legal advice. Consult a licensed Mississippi family law attorney for advice regarding your specific situation.

Mississippi Spousal Alimony Calculation Results

Alimony Type Determination

Recommended Alimony Type:

Primary Factors:

Monthly Alimony Amount

Guideline Amount:

Statutory Considerations:

Duration of Alimony

Recommended Duration:

Mississippi Guidelines:

Judicial Considerations

Likely Range:

Key Factors:

Disclaimer: This calculator provides estimates only based on Mississippi statutes and case law. The calculation is not legal advice and actual court-ordered alimony may differ. Consult a licensed Mississippi family law attorney for legal advice regarding your specific situation. Mississippi law does not use a set formula for alimony but relies on judicial discretion applying the factors from Armstrong v. Armstrong.

Mississippi Alimony Case Law Examples

Armstrong v. Armstrong (1993)
618 So.2d 1278 (Miss. 1993)

Established the primary "Armstrong factors" that Mississippi courts must consider when awarding alimony, including income, needs, assets, length of marriage, and fault .

O'Brien v. O'Brien (2014)
149 So.3d. 508 (Miss. 2014)

Reaffirmed that "fault or misconduct" remains a relevant factor the court can consider when awarding alimony, even in an "irreconcilable differences" (no-fault) divorce .

Ward v. Ward (2014)
133 So. 3d 1244 (Miss. Ct. App. 2014)

Illustrates how fault (in this case, alcohol abuse contributing to the marriage breakdown) can be considered by the court in determining the final alimony award .

Hubbard v. Hubbard (1995)
656 So.2d 124 (Miss. 1995)

Clarified the purpose and application of rehabilitative alimony, designed to help a spouse become self-supporting through education or training .

In re Estate of Brent (2025)
Mississippi Supreme Court, June 5, 2025

A recent ruling clarifying enforcement of alimony obligations against an estate. The court held that estates can receive credits for partial payments and life insurance proceeds when calculating alimony debts owed by the deceased payor.

Modifying Alimony in Mississippi

Mississippi law allows for modification of alimony under certain circumstances. Here's the process for requesting a modification:

Grounds for Modification

Under Mississippi Code § 93-5-23, alimony can be modified for:

A substantial and continuing change in circumstances
Remarriage of the recipient spouse
Payor's retirement at a reasonable age
Recipient's improved earning capacity
Disability or health issues affecting earning capacity
Cohabitation of the recipient spouse

Modification Process

File a Petition: Submit a Petition for Modification to the court that issued the original order.
Serve Notice: Legally notify the other party using certified mail or a process server.
Gather Evidence: Collect documentation supporting the change (tax returns, pay stubs, medical records).
Mediation: Many Mississippi courts require mediation before a hearing.
Court Hearing: If unresolved, present evidence to the court for a decision.

Important Considerations

Modifications are not retroactive - they only apply from the filing date forward.
Never stop paying alimony without court approval - you risk contempt charges .
Mississippi requires a "substantial and continuing" change in circumstances .
Only periodic and rehabilitative alimony are modifiable; lump-sum alimony is not .

Legislative Note: Bill SB 2505 (2025), which proposed to clarify health insurance cost considerations in child support, died in committee on February 4, 2025, and is not law .

Note: The modification process typically takes 3-6 months for uncontested cases and 9-18 months for contested cases, depending on court backlogs.

Mississippi Spousal Alimony FAQs

What types of alimony exist in Mississippi?

Mississippi recognizes several types of alimony :

  • Periodic Alimony: Ongoing payments for support, modifiable, ends on remarriage, cohabitation, or death .
  • Lump Sum Alimony: A final, fixed amount, not modifiable, and not affected by death or remarriage .
  • Rehabilitative Alimony: Temporary support for education/training to become self-supporting .
  • Reimbursement Alimony: Repayment for contributions to a spouse's education or career advancement .

Mississippi Code § 93-5-23

How is alimony calculated in Mississippi?

Mississippi does not have a statutory formula or calculator for alimony . Judges use judicial discretion based on the factors from Armstrong v. Armstrong :

  1. Income, expenses, and needs of each party
  2. Health, age, and earning capacity of each party
  3. Length of the marriage
  4. Standard of living during marriage
  5. Tax consequences
  6. Fault or misconduct
  7. Any other just and equitable factor

The primary analysis is the recipient's reasonable needs versus the payor's ability to pay .

Armstrong v. Armstrong, 618 So. 2d 1278 (Miss. 1993)

How does marriage length affect alimony in Mississippi?

Marriage duration is a key factor :

  • Under 10 years: An award of permanent, periodic alimony is highly unlikely.
  • Over 20 years: The likelihood of an award of permanent, periodic alimony increases substantially.

Long-term marriages are more likely to result in support to maintain the marital standard of living.

Mississippi Code § 93-5-23

Can alimony be modified or terminated in Mississippi?

Yes, but it depends on the type of alimony :

  • Modifiable: Periodic and rehabilitative alimony can be modified upon a showing of a material change in circumstances .
  • Not Modifiable: Lump-sum and reimbursement alimony are final and cannot be changed.

Automatic Termination: Periodic alimony ends upon the recipient's remarriage or the death of either spouse . Cohabitation may also be grounds for termination or modification .

Bowe v. Bowe, 557 So.2d 793 (Miss. 1990)

How does fault affect alimony in Mississippi?

Fault remains a relevant factor that Mississippi courts can consider .

  • The law states a spouse guilty of adultery should not receive alimony, except to avoid destitution.
  • However, fault is just one of the twelve Armstrong factors. The primary focus is on financial need and ability to pay .
  • Fault can be considered even in "no-fault" (irreconcilable differences) divorces .

O'Brien v. O'Brien, 149 So.3d. 508 (Miss. 2014)

Are alimony payments taxable in Mississippi?

Federal tax (Current Law): For divorce decrees entered on or after January 1, 2019, alimony payments are NOT deductible by the payor and are NOT counted as taxable income for the recipient .

Important Note: This provision of the Tax Cuts and Jobs Act is currently scheduled to sunset after December 31, 2025. For decrees entered in 2026 and beyond, the tax treatment may revert to the old rules (deductible for payor, income for recipient) unless Congress acts to extend the current law .

Mississippi tax: Follows federal treatment.

IRC §71, Tax Cuts and Jobs Act of 2017

What's the difference between alimony and property division in Mississippi?

Mississippi law distinguishes between:

Alimony (Spousal Support):

  • Ongoing payments from one spouse to the other
  • Based on need and ability to pay
  • May be modifiable or non-modifiable depending on type

Property Division:

  • Distribution of marital assets and debts
  • Based on equitable distribution principles
  • Typically not modifiable after the divorce is final

Mississippi Code § 93-5-23

How does retirement affect alimony in Mississippi?

Retirement can be grounds for modifying alimony:

  • A paying spouse may petition to modify or terminate alimony upon retirement at a reasonable age.
  • The court will consider whether the retirement is voluntary, in good faith, and the impact on both parties' financial situations.
  • Early retirement may not be considered reasonable if done to avoid support obligations.

Mississippi Code § 93-5-23

How do county differences affect alimony in Mississippi?

While all Mississippi chancery courts apply the same Armstrong factors, local practices and cost of living can influence awards:

  • Urban Counties (Hinds, Madison): May see higher awards reflecting higher costs of living.
  • Rural Counties: Generally lower awards.
  • Judicial Discretion: Individual judges may have different interpretations of "need" and "standard of living."

The fundamental law, however, is the same statewide.

Mississippi Code § 93-5-23

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