How To Avoid Paying Spousal Support in Mississippi?

Spousal support is a major concern for individuals going through a divorce. In Mississippi, courts may order one spouse to provide financial assistance to the other based on various factors, such as the length of marriage, financial disparity, and earning potential. There are legal strategies on how to avoid paying spousal support in Mississippi or methods of reducing the amount you owe.

Types of Spousal Support in Mississippi

Unlike community property states, Mississippi follows an equitable distribution model that divides assets and liabilities fairly, but not necessarily equally. Spousal support is granted when one spouse demonstrates a greater financial need and the other has the means to pay. There are specific types of spousal support, or alimony, in Mississippi including:

• Periodic alimony. Ongoing payments made indefinitely or until the recipient remarries or the payer passes away
• Lump-sum alimony. A fixed amount paid in one or multiple installments, which cannot be modified later on
• Rehabilitative alimony. Short-term support meant to help the recipient become self-sufficient
• Reimbursement alimony. Compensation for financial contributions made by one spouse to the other’s education or career advancement

Legal Strategies to Avoid Paying Spousal Support

One of the strongest options for avoiding paying alimony is through negotiations. If both parties can reach a divorce settlement on their own, it may be possible to waive alimony in exchange for other assets or financial considerations.

Mississippi courts award alimony based on financial need. If you can demonstrate that your spouse is financially independent or capable of supporting themselves, the court might not order the spousal support. In order to prove this, you would need to present:

• Employment records
• Income statements
• Educational qualifications
• Investment holdings

In the 1960s, alimony played a part in about 25% of marriages. Today, because of the rise in the number of women having jobs, that number is closer to 10%.

Alimony is more likely to be awarded in long-term marriages. If your marriage was shorter than 10 years, you can argue that your spouse does not need ongoing financial support. Rehabilitative alimony may suffice. Additionally, if you can prove your spouse engaged in marital misconduct, such as adultery, abandonment, or abuse, you may qualify for reduced payments or an elimination altogether.

You can offer a lump-sum buyout to avoid ongoing payments. This allows you to make a one-time payout to eliminate possible future obligations. If you created a prenuptial or postnuptial agreement, this can be part of it. A well-drafted prenuptial or postnuptial agreement outlining spousal support plans can eliminate concerns for alimony after divorce.

Divorces that go to court can result in less favorable outcomes for the higher-earning spouse, so aim for mediation instead of litigation. This gives you more control over the settlement. If your spouse receives a substantial portion of the marital assets, you can argue that alimony is unnecessary.

Post-Divorce Strategies to Modify or Terminate Spousal Support

If you’re already paying alimony after a divorce in Mississippi, there are certain post-divorce strategies you can employ to modify or terminate spousal support. These include:

• Requesting a modification based on a change in circumstances. Mississippi allows for modifications to be made in court if financial circumstances significantly change.
• Proving cohabitation or remarriage. Periodic alimony typically ends with the recipient remarrying or cohabitating with a partner.
• Seeking termination with retirement. Mississippi courts recognize retirement as a valid reason to end alimony payments.

FAQs

What Disqualifies You from Alimony in Mississippi?

There are several factors that can exclude you from alimony in Mississippi. If the spouse seeking alimony was engaged in adultery, abuse, or any other marital misconduct, the court may deny the support request. Additionally, alimony is unlikely if the requesting spouse has a sufficient income or employability. The courts also consider if the paying spouse can afford to make alimony payments. Each case is individually evaluated based on financial needs, fairness, and contributions made to the marriage.

How Do I Get Out of Paying Spousal Support?

To avoid or reduce spousal support obligations, the paying spouse needs to demonstrate a significant life change in financial circumstances, such as a job loss, a decrease in income, or disability. Proving that the receiving spouse has remarried, is now cohabitating with a new partner, or has become self-sufficient may also lead to the termination or modification of alimony.

How Do I Get Around Spousal Support?

To get around paying spousal support, you need strong legal support and careful financial planning. One approach would involve negotiating for a lump-sum settlement or property division that minimizes future alimony obligations. If you’re not yet married, you can create a prenuptial agreement that specifies alimony terms. This can also be done during marriage as a postnuptial agreement.

What If My Ex-Husband Refuses to Pay Spousal Support?

If your ex-husband refuses to pay spousal support in Mississippi, you can take legal action to enforce the court order. If the court determines your ex has violated the terms of the spousal support agreement, they may impose wage garnishments, seize assets, impose fines, or sentence them to jail time. The state also reserves the right to suspend their driver’s license for nonpayment issues.

Contact a Spousal Support Lawyer Today

Mississippi has one of the highest divorce rates in the U.S., with three divorces per 1,000 people. This means that almost half of all marriages end in divorce in the state, compared to the national average of 35-50%.

The legal team at Taylor & Cox Law Firm is dedicated to protecting your rights and helping you obtain a fair spousal support agreement. Whether seeking or contesting spousal support, we provide compassionate and strategic representation. Call us today to schedule a consultation and learn how you can avoid paying spousal support in Mississippi.