My husband committed adultery with my friend and put me out of the marital home leaving me homeless with no income as I was waiting on a court date for my Appeal hearing for Disability. I was already enrolled and attending online college, but this situation caused me to fail two (2) terms in a row. Now that I am receiving Disability Benefits of $819 mo. I still cannot support myself completely forcing me to live with my parents instead of my own place of residence. I am still attending college and graduation is at the least six months away.
Child Custody Lawyer
It’s really not possible to answer your question without more information. Even then, it would be more like a guess. Chancellors have wide discretion when it comes to alimony. I know one that will not consider it for a marriage of less than twenty years. Another I know might give it after a trial, but will not grant temporary alimony. Many Chancellors will only award it to prevent destitution, but only if the other party can afford to pay it. Take a look at the factors below:
Factors for spousal support or alimony in Mississippi:
In Armstrong v. Armstrong, 618 So. 2d 1278, 1280 (Miss. 1993), the Mississippi Supreme Court outlined twelve factors that must be considered by a chancellor in arriving at findings and entering a judgment for alimony. These factors are:
1. the income and expenses of the parties;
2. the health and earning capacity of the parties;
3. the needs of each party;
4. the obligations and assets of each party;
5. the length of the marriage;
6. the presence and absence of minor children in the home, which may require that one or both of the parties either pay, or personally provide child care;
7. the age of the parties;
8. the standard of living of the parties, both during the marriage and at the time of the support determination;
9. the tax consequences of the spousal support order;
10. any fault or misconduct;
11. wasteful dissipation of the assets by either party;
12. any other factor deemed by the court to be "just and equitable" in connection with the setting of spousal support.
There are three types of alimony in Mississippi:
Lump-Sum Alimony - This type is not subject to modification. It is a certain amount to be paid as settlement of the marital estate.
Periodic Alimony - This type is subject to modification and terminates upon the recipients remarriage (or sometimes cohabitation) or the death of either party. Usually given to a spouse to maintain a certain standard of living in a long-term marriage.
Rehabilitive Alimony - This type is subject to modification and is for a fixed term. Usually given for a period of time to allow a party to gain employment or go to college.
This reply is provided for information purposes only and does not represent legal advice or an attorney-client relationship.