Mississippi calls it alimony. Discretionary under the Armstrong factor analysis (income, earning capacity, needs, length of marriage, fault, and more). No statutory calculator. Forms include Periodic, lump-sum, and rehabilitative alimony; temporary awards during litigation.. That is what separates Mississippi alimony from a generic national summary. Read Miss. Code Ann. § 93-5-23; case law (Armstrong factors) before the background sections below. Duration: Periodic alimony may be open-ended after long marriages; rehabilitative awards are time-limited. Termination: Death or remarriage typically ends periodic alimony; cohabitation may support termination or reduction.
Eligibility and statutory factors
Discretionary under the Armstrong factor analysis (income, earning capacity, needs, length of marriage, fault, and more). No statutory calculator.
Fault. Fault is an explicit Armstrong factor and can heavily influence amount and entitlement.
Document income, earning capacity, health, length of marriage, contributions as homemaker or to the other spouse's career, and the marital standard of living. Those facts drive both temporary (pendente lite) and final awards.
Types of alimony in Mississippi
Periodic, lump-sum, and rehabilitative alimony; temporary awards during litigation.
Labeling matters. Rehabilitative awards usually require a plan (schooling, retraining, re-entry to the workforce). Durational or term awards run for a fixed period. Lump-sum or reimbursement awards may be non-modifiable depending on the judgment language and statute.
How amount is set
Mississippi does not use a statewide calculator for final alimony. Judges weigh the statutory factors and the record. Online “alimony calculators” are at best rough illustrations and are not controlling.
Temporary support while a divorce is pending often follows different local practices or guidelines than the final award. Confirm what your county or division actually uses.
A concrete Mississippi scenario
Here is one way the Mississippi pieces fit together. Change any fact and the statute may point somewhere else.
One spouse asks a Mississippi court for alimony after a divorce filing.
- Use the label and statute Mississippi actually uses: alimony under Miss. Code Ann. § 93-5-23; case law (Armstrong factors).
- There is no formula. Apply the statutory factors: Discretionary under the Armstrong factor analysis (income, earning capacity, needs, length of marriage, fault, and more). No statutory calculator.
- Set duration from Mississippi rules: Periodic alimony may be open-ended after long marriages; rehabilitative awards are time-limited.
- Identify what ends the award: Death or remarriage typically ends periodic alimony; cohabitation may support termination or reduction.
Yes. Permanent periodic alimony remains available in appropriate long-marriage cases. Fault: Fault is an explicit Armstrong factor and can heavily influence amount and entitlement. Federal TCJA rules apply to post-2018 decrees; confirm Mississippi state-tax treatment with counsel.
How long alimony lasts
Periodic alimony may be open-ended after long marriages; rehabilitative awards are time-limited.
Permanent / indefinite support. Yes. Permanent periodic alimony remains available in appropriate long-marriage cases.
When alimony ends or can be changed
Death or remarriage typically ends periodic alimony; cohabitation may support termination or reduction.
Either party may usually seek modification upon a substantial change in circumstances unless the award was expressly made non-modifiable. Retirement, disability, remarriage, cohabitation, and large income swings are frequent triggers — but the statutory test and burden of proof are Mississippi-specific.
Taxes
Federal TCJA rules apply to post-2018 decrees; confirm Mississippi state-tax treatment with counsel.
Child support remains non-deductible and non-taxable. Do not assume alimony treatment mirrors child support.
Case law: how Mississippi courts decide alimony
These LawDiver opinions illustrate how Mississippi appellate courts discuss need, ability to pay, duration, and related issues:
Lauro v. Lauro
Lauro v. Lauro, 924 So. 2d 584 (2006)
…wing a remand by the supreme court to revisit the awards of alimony and child support after complying with the Ferguson factors in equitably dividing the marital assets. Lauro v. Lauro, 847 So.2d 843 (Miss.2003). On remand the chancellor evaluated the Ferguson factors, reduced the amount of alimony and increased the child support award. Additionally, a visitation schedule was e…
Lauro v. Lauro is worth reading on Mississippi alimony because the court put the point in its own words: "Ferguson factors in equitably dividing the marital assets. Lauro v. Lauro, 847 So.2d 843 (Miss.2003). On remand the chancellor evaluated the Ferguson factors, reduced the amount of alimony and increased the child support award." Use that passage as the starting point, then read the facts that precede it.
In the Matter of the Dissolution of Marriage: Frank A. SEGREE, III v. Susan B. SEGREE
…of the marital home, child support, and periodic permanent alimony. Frank appeals, claiming that the chancellor erred in her distribution of the marital assets and her award of child support and periodic permanent alimony to Susan. We affirm the chancery court’s judgment ordering Frank to pay one daughter’s medical insurance and expenses and both daughters’ credit cards, and w…
In the Matter of the Dissolution of Marriage: Frank A. SEGREE, III v. Susan B. SEGREE is worth reading on Mississippi alimony because the court put the point in its own words: "Frank appeals, claiming that the chancellor erred in her distribution of the marital assets and her award of child support and periodic permanent alimony to Susan." Use that passage as the starting point, then read the facts that precede it.
In the Matter of DISSOLUTION OF the MARRIAGE OF Karen Conway LEWIS and Adam Isaac Lewis: Adam Isaac Lewis, Appellant
…T: ¶ 1. Adam Isaac Lewis alleges that his obligation to pay alimony to his ex-wife Karen Conway Lewis should be terminated because Karen is cohabiting or in a de facto marriage with her longtime boyfriend. Adam's complaint to terminate alimony proceeded to trial, and after Adam rested his case, the chancellor found that he had not met his burden of proof and dismissed his compl…
Practitioners open In the Matter of DISSOLUTION OF the MARRIAGE OF Karen Conway LEWIS and Adam Isaac Lewis: Adam Isaac Lewis, Appellant when Mississippi alimony turns on the distinction in this sentence: "T: ¶ 1. Adam Isaac Lewis alleges that his obligation to pay alimony to his ex-wife Karen Conway Lewis should be terminated because Karen is cohabiting or in a de facto marriage with her longtime boyfriend." Do not lift it out of the facts the court was deciding.
In the Matter of the DISSOLUTION OF the Marriage of Lecia Elizabeth SPRIGGS and Kurt Alan Buechler: Lecia Elizabeth
…couple’s minor children and temporary relief in the form of alimony and child sup*520port. Kurt responded, admitting that Le-cia was “entitled to divorce on the ground of adultery,” but denying any habitual cruel and inhuman treatment. A temporary order was entered on June 27, 2011, awarding joint legal custody of the minor children to Kurt and Lecia, but sole physical custody…
Practitioners open In the Matter of the DISSOLUTION OF the Marriage of Lecia Elizabeth SPRIGGS and Kurt Alan Buechler: Lecia Elizabeth when Mississippi alimony turns on the distinction in this sentence: "Kurt responded, admitting that Le-cia was “entitled to divorce on the ground of adultery,” but denying any habitual cruel and inhuman treatment." Do not lift it out of the facts the court was deciding.
In the Matter of the DISSOLUTION OF the MARRIAGE of Susan B. SEGRE — Russell, J., concurring in part and dissenting
…nt regarding the majority’s decision to affirm the award of alimony to Susan. Additionally, I disagree with assumptions made by the majority regarding the current financial status of the parties, which were not a part of the chancellor’s decision or the appellate record before this Court. I find that the chancellor erred in awarding permanent periodic alimony to Susan because s…
Practitioners open In the Matter of the DISSOLUTION OF the MARRIAGE of Susan B. SEGRE — Russell, J., concurring in part and dissenting when Mississippi alimony turns on the distinction in this sentence: "Susan. Additionally, I disagree with assumptions made by the majority regarding the current financial status of the parties, which were not a part of the chancellor’s decision or the appellate record before this Court." Do not lift it out of the facts the court was deciding.
In the Matter of The Dissolution of The Marriage of Todd C. Tauzin and Paula M. Tauzin: Todd C. Tauzin vs. Paula M
…r divided the marital estate and denied Paula’s request for alimony. On appeal, Todd challenges the chancellor’s interpretation and application of the Antenuptial Agreement and division of the marital estate. FACTS AND PROCEDURAL HISTORY ¶2. Prior to their 2006 marriage, Todd and Paula signed an Antenuptial Agreement. No children were born of the marriage, but Todd and Paula ea…
On alimony, In the Matter of The Dissolution of The Marriage of Todd C. Tauzin and Paula M. Tauzin: Todd C. Tauzin vs. Paula M speaks to the Mississippi dispute in this passage: "Paula’s request for alimony. On appeal, Todd challenges the chancellor’s interpretation and application of the Antenuptial Agreement and division of the marital estate. FACTS AND PROCEDURAL HISTORY ¶2. Prior to their 2006 marriage, Todd and Paula signed an Antenuptial Agreement." The surrounding opinion shows how the court applied that language to the record.
Practical checklist
- Identify the correct statutory label (alimony) and controlling section (Miss. Code Ann. § 93-5-23; case law (Armstrong factors)).
- Assemble income, budget, and health evidence for both spouses.
- For rehabilitative requests, prepare a concrete plan and timeline.
- Address fault only if Mississippi law makes it relevant to eligibility or amount.
- Search LawDiver for recent Mississippi decisions before mediation.
- Cross-check child support interactions via the Mississippi child support guide.
Key takeaways
- Mississippi uses the term alimony under Miss. Code Ann. § 93-5-23; case law (Armstrong factors).
- Amount and duration are largely discretionary, guided by statutory factors. Discretionary under the Armstrong factor analysis (income, earning capacity, needs, length of marriage, fault, and more). No statutory calculator.
- Common forms include: Periodic, lump-sum, and rehabilitative alimony; temporary awards during litigation.
- Duration framework: Periodic alimony may be open-ended after long marriages; rehabilitative awards are time-limited.
- Permanent / indefinite support: Yes. Permanent periodic alimony remains available in appropriate long-marriage cases.
- Companion child-support guide: Mississippi child support guidelines.
What alimony is (and is not)
Alimony is court-ordered support from one spouse to the other after separation or divorce. It is separate from child support (see Miss. Code Ann. § 43-19-101) and from property division. A single judgment may include all three, but each has its own legal tests.
No spouse is automatically entitled to alimony. Courts typically ask whether one party has a genuine need and whether the other has the ability to pay, then apply Mississippi's statutory framework.
Frequently asked questions
Does Mississippi still award permanent alimony?
Yes. Permanent periodic alimony remains available in appropriate long-marriage cases.
How is alimony calculated in Mississippi?
Mississippi leaves amount largely to judicial discretion under Miss. Code Ann. § 93-5-23; case law (Armstrong factors), guided by statutory factors rather than a mandatory statewide calculator.
How long do I have to be married to receive alimony?
Periodic alimony may be open-ended after long marriages; rehabilitative awards are time-limited. Short marriages rarely produce long-term awards; longer marriages support broader remedies where the statute allows.
Does remarriage or cohabitation end alimony?
Death or remarriage typically ends periodic alimony; cohabitation may support termination or reduction.
Is alimony taxable?
Federal TCJA rules apply to post-2018 decrees; confirm Mississippi state-tax treatment with counsel.
Where can I read Mississippi alimony opinions?
Open the cases linked above or search LawDiver scoped to Mississippi. For support of children, see the Mississippi child support guidelines guide.
Disclaimer
This article provides general information about Mississippi alimony and is not legal advice. Confirm the current text of Miss. Code Ann. § 93-5-23; case law (Armstrong factors) and consult a licensed Mississippi family-law attorney before acting on any rule described here.