Mississippi Alimony Laws: How Spousal Support Works (2026)

Mississippi courts have wide discretion when deciding whether to award alimony, how much to order, and how long payments must continue. There is no formula, no statutory schedule, and no presumed duration. A chancery court judge weighs twelve equitable factors, known as the Armstrong factors, alongside the specific facts of each divorce, and the result can vary substantially from case to case.

Information last verified on June 1, 2026.

Estimate your situation: Try our free Mississippi alimony calculator to estimate spousal support and see the factors a Mississippi court weighs.

What Is Alimony in Mississippi?

Alimony, also called spousal support or spousal maintenance, is a court-ordered payment from one former spouse to the other after divorce. Mississippi Code Section 93-5-23 gives chancery courts the authority to award alimony "as may seem equitable and just" based on the circumstances of the parties.

Unlike some states that have codified a list of statutory factors, Mississippi relies primarily on case law to define how alimony is decided. The foundational case is Armstrong v. Armstrong, 618 So.2d 1278 (Miss. 1993), which established twelve factors every chancellor must evaluate. Courts are not required to award alimony in every divorce; the decision is entirely discretionary.

Mississippi does not recognize common law marriage and has not done so since 1956. However, the concept of a "de facto marriage", a cohabiting relationship that resembles marriage, plays a role in how alimony can be terminated, as discussed below.

The Four Types of Alimony in Mississippi

Mississippi courts recognize four distinct forms of spousal support. Each has different rules about duration, modifiability, and termination.

Periodic Alimony

Periodic alimony is the most common form. It is paid on a recurring schedule, most often monthly, and is based on the paying spouse's ongoing support obligation rather than on property division. Key characteristics include:

• It is modifiable. Either party can return to court and ask for an increase, decrease, or termination if there has been a clear and substantial change in circumstances since the original award.
• It terminates automatically on the recipient's remarriage or on the death of either party.
• It may also be terminated or modified if the recipient begins cohabiting with another person (see the cohabitation section below).

Because periodic alimony is modifiable, chancellors often revisit it when a payor loses a job, retires, or experiences a serious illness, or when a recipient's income rises substantially.

Lump-Sum Alimony

Lump-sum alimony is a fixed, vested sum, either paid all at once or in defined installments, that functions more like a property settlement than an ongoing support obligation. Its defining features are:

• It is generally non-modifiable once the judgment is entered. The amount is set and does not change based on future circumstances.
• It does not automatically terminate on remarriage or death. If paid in installments, the obligation continues even if the recipient remarries or either party dies (unless the decree says otherwise).
• Because it is treated as part of the property division, courts weigh it differently from periodic support.

The distinction between lump-sum alimony and periodic alimony is legally significant. Mississippi courts have held that the category of the award determines the consequences: periodic alimony terminates at remarriage, while lump-sum installments do not.

Rehabilitative Alimony

Rehabilitative alimony is a time-limited form of support intended to help a spouse who paused a career or education during the marriage to become self-sufficient after divorce. The Mississippi Supreme Court has described it as "an equitable mechanism which allows a party needing assistance to become self-supporting without becoming destitute in the interim" (Pierce v. Pierce, 132 So.3d 553 (Miss. 2014)).

Key points:

• The chancery court sets a fixed period for payments. Most awards last no longer than a few years.
• It is modifiable. A court can extend, shorten, increase, or decrease the award on a showing of a material change in circumstances.
• In rare cases it can be converted to permanent periodic alimony if the rehabilitative goal cannot be achieved.
• It terminates on expiration of the fixed term, on the recipient's death or remarriage, or upon a finding of cohabitation.

Rehabilitative alimony is most often awarded to a spouse who was a full-time homemaker or who gave up a career to raise children, giving that spouse time and resources to re-enter the workforce.

Reimbursement Alimony

Reimbursement alimony compensates one spouse for supporting the other through education, professional training, or career advancement during the marriage when that contribution cannot be adequately recognized through property division alone. A typical scenario involves one spouse working to put the other through a graduate or professional degree program, with divorce occurring shortly after graduation before the financial benefits of that degree are realized.

Key points:

• It is generally non-modifiable and does not terminate on remarriage or death once ordered.
• It is designed to repay a definable past contribution, not to support ongoing living expenses.
• Courts require evidence that the contribution was made, that increased earnings were expected, and that the divorce occurred close enough in time that the supporting spouse has not yet benefited from the investment.

How Mississippi Courts Decide: The Armstrong Factors

Every alimony decision in Mississippi must be evaluated against the twelve factors set out in Armstrong v. Armstrong, 618 So.2d 1278, 1280 (Miss. 1993). A chancellor must make specific findings as to these factors, though the court may weigh them collectively rather than addressing each one individually. The twelve Armstrong factors are:

1. The income and expenses of the parties.
2. The health and earning capacities of the parties.
3. The parties' needs.
4. The obligations and assets of the parties.
5. The duration of the marriage.
6. The presence or absence of minor children in the home, which may require one or both parties to 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 support determination.
9. The tax consequences of the spousal support order.
10. The fault or misconduct of the parties.
11. Whether either spouse wastefully dissipated marital assets or, through mismanagement, diminished their value.
12. Any other factor deemed just and equitable by the court.

No single factor is dispositive. Courts are not required to give equal weight to each, and the overall combination of circumstances governs the outcome. An appellate court will only reverse a chancellor's alimony ruling if the chancellor made a manifest error of fact or abused the court's discretion, a high standard for reversal.

Fault Is Relevant

Mississippi is a fault-relevant state for divorce and alimony purposes. A spouse's adultery, habitual cruel and inhuman treatment, or other misconduct recognized as a ground for divorce can affect whether alimony is awarded and in what amount. Fault is factor ten in the Armstrong list, and while it does not automatically bar or guarantee alimony, it carries real weight in the chancellor's analysis.

A spouse who committed adultery may receive a reduced alimony award or no award at all. Conversely, a spouse who was the innocent party in a fault-based divorce may receive a more generous award.

No Formula

Mississippi has no alimony formula. There is no percentage of income, no durational guideline tied to years of marriage, and no statutory schedule. The absence of a formula means outcomes depend heavily on the individual judge, the specific facts presented, and the skill of the attorneys involved.

When Periodic Alimony Ends

Periodic alimony terminates by operation of law on two events: the recipient's remarriage and the death of either party. No court order is needed; the obligation ends automatically. The payor should nonetheless confirm the event through documentation and, if payments have continued, may seek a court order to recover amounts paid after the triggering event.

Cohabitation and the De Facto Marriage Standard

Mississippi law allows a payor to seek termination or modification of periodic alimony if the recipient is cohabiting with another person in a relationship that resembles marriage. The controlling principle comes from Scharwath v. Scharwath, 702 So.2d 1210 (Miss. 1997): proof of cohabitation creates a legal presumption that a material change in circumstances has occurred, shifting the burden to the recipient to rebut that presumption.

A de facto marriage exists when the recipient and another person have "so fashioned their relationship, to include their physical living arrangements and financial affairs, that they could reasonably be considered as having entered into a de facto marriage" (Pope v. Pope, 2002). The standard goes beyond occasional overnight stays. Courts look for evidence of shared finances, consistent cohabitation, and mutual support, the hallmarks of a marriage-like arrangement.

A chancellor may also find a de facto marriage if the recipient is deliberately avoiding formal remarriage to preserve the alimony obligation.

Because Mississippi does not recognize common law marriage, formal marital status is not created by cohabitation alone. The legal consequence, possible alimony termination, is distinct from a legal marriage.

Modification for Changed Circumstances

Either party can petition to modify periodic or rehabilitative alimony based on a clear and substantial change in circumstances that was not reasonably foreseeable when the original decree was entered. Common grounds include job loss, retirement, a significant increase in the recipient's income, or a serious health change. Past-due alimony cannot be waived or reduced retroactively by informal agreement; only a court order can alter it.

What Is Not Modifiable: Lump-Sum and Reimbursement Alimony

Lump-sum alimony and reimbursement alimony are generally vested and non-modifiable once the court enters the decree. Because these forms are tied to property settlement principles rather than ongoing support duties, changed circumstances do not justify revisiting the amount. If a spouse is ordered to pay a fixed lump sum and later remarries, retires, or becomes ill, the obligation remains.

This distinction makes the classification of an alimony award critically important. Parties and their attorneys often litigate whether an installment payment stream is "periodic" (and thus modifiable/terminable) or "lump-sum" (and thus fixed), with significant practical consequences.

Alimony vs. Child Support

Alimony and Mississippi child support are separate legal obligations with different rules:

• Child support is calculated using the Mississippi Child Support Guidelines, which apply a percentage of the non-custodial parent's adjusted gross income. Alimony has no formula.
• Child support terminates when the child reaches majority (or under other statutory conditions). Periodic alimony terminates on the recipient's remarriage or death.
• Child support and alimony are both enforceable through contempt proceedings, wage withholding, and other collection tools.

When a court divides financial obligations in divorce, it considers child support and alimony together but orders them separately. An increase in child support can be grounds for modifying alimony, and vice versa, because both bear on the parties' respective financial needs and abilities.

Federal Tax Treatment of Alimony

The Tax Cuts and Jobs Act of 2017 changed alimony tax rules for divorce agreements signed on or after January 1, 2019:

• Agreements signed after December 31, 2018: Alimony payments are not deductible by the payer and are not includable in the recipient's gross income.
• Agreements signed before January 1, 2019: The pre-TCJA rules apply. Payers may deduct alimony, and recipients must include it as income. These rules also apply to pre-2019 agreements that are later modified, unless the modification expressly states that the new TCJA rules apply.

Mississippi's administrative rules follow federal guidance on alimony income treatment (35 Miss. Code R. 3-04-01-102). For agreements entered after 2018, neither party has a federal tax event tied solely to alimony payments.

Consult a tax professional for advice on how these rules apply to a specific divorce settlement.

For More Information

See the full guide to alimony laws by state for how Mississippi compares with other jurisdictions on spousal support rules, types, and termination standards.

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This page provides general legal information only and is not legal advice. Mississippi alimony law is fact-intensive and discretionary. Consult a licensed Mississippi family law attorney for guidance on your specific situation.

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Sources

• Mississippi Code Section 93-5-23, Title 93, Chapter 5 (Divorce and Alimony), legislature.ms.gov
• Armstrong v. Armstrong, 618 So.2d 1278 (Miss. 1993), Mississippi Supreme Court
• Scharwath v. Scharwath, 702 So.2d 1210 (Miss. 1997), Mississippi Supreme Court
• Pierce v. Pierce, 132 So.3d 553 (Miss. 2014), Mississippi Supreme Court
• Lauro v. Lauro, 847 So.2d 843 (Miss. 2003), Mississippi Supreme Court
• IRS Topic No. 452, Alimony and Separate Maintenance, irs.gov
• IRS Publication 504 (2025), Divorced or Separated Individuals, irs.gov
• 35 Miss. Code R. 3-04-01-102, Alimony and Separate Maintenance Payments, law.cornell.edu

Last updated: June 1, 2026.