What are my chances of rehabilitative spousal support?

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.

Mccomb, MS -

Attorney Answers (1)

Mary Elizabeth Milek

Mary Elizabeth Milek

Child Custody Lawyer - Oxford, MS
Answered

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... more

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