Modifying spousal support based on how it’s awarded
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Modifying spousal support based on how it’s awarded

On Behalf of | Aug 23, 2021 | Uncategorized |

If you and your spouse are divorcing in Mississippi, you have various matters of importance to consider. One of those issues may be spousal support. You should know about the options for this and how support can be modified if needed.

How is spousal support determined?

The court considers a variety of factors when determining spousal support. Gender isn’t an issue, but who pays whom is based on the need and ability to pay as well as how the spouses contributed to their household over the years. For example, alimony is often issued to one spouse when they helped support the other going through school.

The types of spousal support awards in Mississippi

By state law, there are two types of spousal support awards given in Mississippi. You can receive either a lump sum or periodic payments. With a lump sum alimony payment, you simply get a single payment at one time. This is a fixed amount that one spouse pays to the other.

Periodic payment spousal support is a series of payments made to the former spouse. Those payments might continue until death occurs or the spouse receiving the support remarries or enters into a new cohabitation relationship.

Regardless of which type of spousal support payment you receive, the court is required to specify an amount. When deciding that amount, the judge will consider certain factors. Those may include the following:

  • Both spouses’ earning capacity
  • Both spouses’ health
  • Both spouses’ income sources
  • Necessary living expenses of both parties
  • The needs of the children
  • Income taxes each party must pay

Can spousal support payment types be modified?

A monetary amount for spousal support in lump sum payment cannot be modified, and the circumstances of either party don’t affect it. However, periodic payment can be modified if the above factors change significantly enough to warrant a change.

Whether you’re the spouse receiving or paying alimony, determining which type of support suits you better is important. The court will take the details into consideration when issuing an order.