Divorce

Unless you and your spouse agree to an amount, the judge has the right to decide whether to award you or your spouse alimony and how much to award. The judge must make sure that that her/his decisions are just and equitable and must consider your and your spouse’s circumstances. The judge can change the award as necessary.¹

To determine whether granting alimony is appropriate the judge will consider several factors, including:

• the income and expenses of the parties;
• the health and earning abilities of the parties;
• the needs of each party;
• the debts/responsibilities and assets of each party;
• the length of the marriage;
• the presence or absence of minor children in the home;
• the age of the parties;
• the standard of living of the parties;
• the tax consequences of the support decree;
• fault or misconduct;
• wasteful drawing down of assets by either party; and
• any other factor deemed to be fair and equitable.²

¹ Miss. Code § 93-5-23
²Armstrong v. Armstrong, 618 So.2d 1278 (1993)