Ocean Springs Spousal Support Lawyer

Spousal Support Attorney in Ocean Springs, MS

No one gets married thinking that it will end in divorce. If you’ve made this decision, you’re facing an emotional time, one that can last months or years. There are so many decisions to be made. You have to consider your future, your assets, and alimony. You can’t face it alone. You need guidance and an advocate to be by your side every step of the way. You need an Ocean Springs spousal support lawyer for assistance during this difficult time.

Taylor & Cox Law Firm has a reputation in Jackson County for getting results. We provide legal services in many areas, including family law, divorce, and spousal support.

Our former clients say we exceeded their expectations. They comment on our responsiveness and professionalism.* With over 25 years of experience, our team can tackle your spousal support case and assist you in getting the most favorable outcome.

Divorce in the U.S. and Mississippi

According to the U.S. Census, in 2022, the divorce rate across the country was 7.1 per 1,000 women. Mississippi was higher at 8.3 per 1,000. It was ranked 16th nationwide for divorces. With this many divorces, there are many discussions about spousal support.

Divorce proceedings involve several aspects, like the division of property and child support. Spousal support is another element that needs to be addressed during your divorce. Having a capable attorney who understands these factors and the laws in Mississippi is essential for your case.

What Is Spousal Support?

Spousal support, or alimony, is paid to the spouse with the lower income. This financial support reflects the lifestyle that you had as a married couple. There isn’t a specific formula for calculating spousal support in Mississippi.

Types of Spousal Support in Ocean Springs

There are two types of alimony or spousal support that the courts can order.

• Permanent alimony. This is usually awarded when the marriage is considered long-term, which is more than 10 to 15 years. There isn’t a statute for an actual range of time, but the longer you’re married, the more likely you are to get permanent alimony.
• Temporary alimony. This can be granted for a short marriage or during the divorce proceedings to provide financial assistance.

Deciding Spousal Support in Mississippi

A judge decides spousal support. To determine who gets alimony and how much it will be, the court reviews several factors.

• Income and assets of both spouses
• Number of years married
• Age of both spouses
• Health and earning potential
• Lifestyle or standard of living before filing for divorce
• Other contributions to the marriage, which include raising children or running a household. This is where a spouse who stayed home while the other worked is taken into consideration.
• Possibly who’s at fault in the divorce

To help you gather this information and navigate the court process, you can hire a spousal support lawyer who understands the judicial system in Jackson County.

How Do I Get My Alimony Payment?

After alimony or spousal support is awarded, it can be distributed in two ways:

• Lump sum. This is an amount that the court determines and mandates the spouse to pay all at once.
• Periodic. Usually, periodic payments are made on a monthly basis.
• Reimbursement. These payments are for a spouse who paid for the other spouse’s education or other training.

Spousal Support Laws in Mississippi

The Mississippi Code, § 93-5-23, discusses spousal support. The first important point to note is that any payments that are unpaid after 30 days require a hearing in the case. When this happens, your capable Ocean Springs spousal support attorney can alert the court of the late payment.

Another part of the law details that any decree of alimony can be changed with a petition to the court. This means spousal support can be revisited at any time. Changes can be made for an increase or a decrease in income. Alimony can be terminated if a spouse remarries or lives with a partner.

FAQs

What Disqualifies Me From Alimony in Mississippi?

Disqualifications from alimony are uncommon, but they do happen. In Mississippi, you may be disqualified if you are considered to be at fault for the divorce. The court looks at whether there was adultery or domestic violence during your marriage.

Your income may be much higher than your spouse’s, which can disqualify you from receiving alimony. The courts want the payments to be fair and paid by someone who can financially sustain them.

What Assets Are Untouchable in a Divorce in Mississippi?

There are a few assets that are untouchable in a divorce in Mississippi. Primarily, property owned before the marriage is not considered community property and is therefore not divided.

Any gifts that were only given to one spouse are also included. An example of this would be money or property from an inheritance. Even though these assets are untouchable in a divorce, they are still taken into account when the judge determines alimony.

How Much Is the Average Alimony Payment in Ocean Springs?

The average alimony payment can range from a few hundred dollars a month to thousands. Every divorce is different, with different factors and considerations. If you’re involved in a high asset divorce, the alimony can be higher. There may be health issues. Consult an experienced divorce attorney to help you estimate a possible amount.

Is Alimony Tax-Deductible in Mississippi?

Alimony is not tax-deductible in Mississippi. This law changed in 2019. Divorce decrees before 2019 allowed spousal support to be tax-deductible. Also, if you receive alimony payments, they are taxable income, which is something to keep in mind.

Child support payments, however, are not considered taxable income. For more information on potential tax obligations, speak with a financial professional.

Hire a Spousal Support Lawyer in Ocean Springs

At Taylor & Cox Law Firm, we strive to support you through every step of your divorce, including spousal support. We understand that ending your marriage is challenging, but we want to represent you with compassion and professionalism. We can develop a plan to address your unique situation.

With decades of experience, we can advocate for you. Contact us today to schedule a consultation to discuss your alimony case.

* Client testimonials reflect individual experiences and do not guarantee a similar outcome.