Mississippi courts recognize four distinct types of alimony in Mississippi: periodic (permanent) alimony, lump-sum alimony, rehabilitative alimony, and reimbursement alimony. Under Mississippi Code § 93-5-23, chancellors have broad discretion to award spousal support based on the 12 factors established in Armstrong v. Armstrong, 618 So. 2d 1278 (Miss. 1993). Unlike states with statutory formulas, Mississippi provides no calculator or guideline—each alimony determination is made on a case-by-case basis considering the parties' income, earning capacity, needs, standard of living, and fault during the marriage.
| Key Fact | Mississippi Requirement |
|---|---|
| Filing Fee | $148-$160 (varies by county) |
| Residency Requirement | 6 months in Mississippi |
| Waiting Period | 60 days minimum |
| Grounds for Divorce | 12 fault-based grounds + irreconcilable differences |
| Property Division | Equitable distribution |
| Alimony Formula | None—judicial discretion using 12 Armstrong factors |
| Fault Impact on Alimony | Yes—at-fault spouse may be barred from receiving alimony |
As of March 2026, verify current filing fees with your local Chancery Clerk.
The Four Types of Alimony in Mississippi
Mississippi law recognizes four distinct types of alimony, each serving a different purpose and carrying different legal characteristics. Periodic alimony provides ongoing monthly payments, lump-sum alimony delivers a fixed non-modifiable award, rehabilitative alimony supports temporary self-improvement efforts, and reimbursement alimony compensates a spouse who funded the other's education. Understanding these differences is critical because they determine modification rights, termination triggers, and tax treatment.
Periodic (Permanent) Alimony
Periodic alimony consists of regular monthly payments from one spouse to the other, continuing indefinitely until a termination event occurs. Under Mississippi law, periodic alimony automatically terminates upon the death of either spouse, the remarriage of the recipient spouse, or the cohabitation of the recipient with a person of the opposite sex in a marriage-like relationship. The paying spouse can petition for modification if circumstances change substantially, such as job loss, retirement, or significant income reduction.
Mississippi chancellors award periodic alimony in marriages of substantial duration—typically 10 years or longer—where one spouse lacks the earning capacity to maintain the marital standard of living independently. The recipient must demonstrate genuine financial need, while the paying spouse must have sufficient income to pay support after meeting their own reasonable expenses. Courts consider the 12 Armstrong factors when determining the amount and duration of periodic support.
Lump-Sum Alimony
Lump-sum alimony is a fixed, non-modifiable award paid either as a single payment or in scheduled installments over a defined period. Once a Mississippi chancellor awards lump-sum alimony, neither party can seek modification regardless of changed circumstances. This type of alimony vests immediately as a property right at the time of the divorce decree, meaning it survives the death of either party and does not terminate upon the recipient's remarriage or cohabitation.
Lump-sum alimony serves multiple purposes in Mississippi divorces. Courts may award lump-sum support when a spouse needs a definite amount to establish financial independence—for example, $50,000 to purchase a vehicle and make a down payment on housing. Chancellors also use lump-sum alimony to balance an unequal property division when insufficient marital assets exist to achieve equity through property distribution alone. Because lump-sum awards cannot be modified, both parties gain certainty and finality.
Rehabilitative Alimony
Rehabitative alimony is the most commonly awarded type of spousal support in Mississippi as of 2026, providing time-limited financial assistance while the recipient spouse obtains education, training, or work experience needed to become self-supporting. Mississippi courts typically award rehabilitative alimony for periods ranging from 2 to 5 years, though the exact duration depends on the recipient's specific rehabilitation plan. Like periodic alimony, rehabilitative support terminates upon the death of either spouse or the remarriage of the recipient.
To receive rehabilitative alimony, the requesting spouse must present a concrete plan demonstrating how they will use the support period to increase their earning capacity. This might include completing a college degree, obtaining professional certification, or gaining work experience in a specific field. Mississippi chancellors expect recipients to make good-faith efforts toward rehabilitation—courts may terminate support early if the recipient fails to pursue their stated plan or becomes self-supporting ahead of schedule.
Reimbursement Alimony
Reimbursement alimony compensates a spouse who supported the other through school or professional training when the supporting spouse cannot share in the enhanced earning capacity through property division. The Mississippi Supreme Court recognized this form of support in Guy v. Guy, 736 So. 2d 1042 (Miss. 1999), where a husband who spent $35,000 supporting his wife through nursing school received reimbursement alimony after she filed for divorce shortly after graduating.
Mississippi courts apply a three-part test for reimbursement alimony: (1) one spouse supported the other through school, (2) both spouses expected the education to increase family income, and (3) the divorce occurred shortly after graduation before the supporting spouse realized the anticipated financial benefit. Like lump-sum alimony, reimbursement alimony vests as a property right, cannot be modified, and does not terminate upon remarriage or death. The Mississippi Court of Appeals reaffirmed these principles in Whittington v. Whittington, 373 So. 3d 1060 (Miss. Ct. App. 2023).
The 12 Armstrong Factors for Alimony Determination
Mississippi chancellors must consider the 12 factors established in Armstrong v. Armstrong, 618 So. 2d 1278 (Miss. 1993) when determining whether to award alimony, the type of alimony appropriate, and the amount and duration of support. Unlike states with statutory formulas, Mississippi provides judges with broad discretion to weigh these factors according to the specific circumstances of each case. No single factor is determinative—chancellors balance all 12 considerations to reach an equitable result.
| Factor | What Courts Examine |
|---|---|
| 1. Income and Expenses | Current income, necessary expenses, and cash flow of both spouses |
| 2. Earning Capacities | Education, skills, work history, and potential to earn income |
| 3. Needs | Reasonable financial requirements to maintain standard of living |
| 4. Obligations and Assets | Debts, property, investments, and financial responsibilities |
| 5. Length of Marriage | Duration of the marital relationship (longer = stronger case for support) |
| 6. Minor Children | Presence of children requiring care that limits employment |
| 7. Age of Parties | Physical condition and years remaining until retirement |
| 8. Standard of Living | Lifestyle established during marriage and at time of divorce |
| 9. Tax Consequences | Federal and state tax implications of support payments |
| 10. Fault or Misconduct | Adultery, desertion, abuse, or other marital wrongdoing |
| 11. Wasteful Dissipation | Squandering of marital assets by either spouse |
| 12. Other Equitable Factors | Any additional circumstances relevant to fairness |
How Fault Affects Alimony in Mississippi
Mississippi is one of only 12 states where marital fault directly impacts spousal support eligibility, making it a critical consideration in alimony cases. Under Mississippi Code § 93-5-23, a spouse found at fault for the breakdown of the marriage may be completely barred from receiving alimony. Fault grounds include adultery, habitual cruel and inhuman treatment, desertion for one year, habitual drunkenness, habitual drug use, and other statutory grounds. The innocent spouse may use the at-fault spouse's misconduct to defeat their alimony claim entirely.
Mississippi law defines adultery as voluntary sexual intercourse between a married person and someone other than their spouse, including same-sex sexual contact. A single act of adultery—even one occurring after separation—can constitute grounds for divorce and may bar the adulterous spouse from receiving alimony. However, an at-fault spouse is not automatically disqualified from support. If both spouses committed fault (mutual fault), or if denying alimony would be unconscionable under the circumstances, the chancellor may still award support despite the misconduct.
Proving fault in Mississippi requires clear and convincing evidence—a higher standard than the preponderance of evidence used in most civil cases. For adultery claims specifically, the accusing spouse must demonstrate both adulterous inclination (romantic interest) and opportunity (circumstances allowing the affair). Circumstantial evidence such as text messages, photographs, hotel receipts, and witness testimony can establish an adultery claim without direct proof of sexual intercourse.
Duration and Termination of Alimony
The duration of alimony in Mississippi varies significantly based on the type of support awarded, the length of the marriage, and the specific circumstances of the parties. Periodic alimony may continue indefinitely, while rehabilitative alimony typically runs 2 to 5 years, and lump-sum alimony ends when the specified amount is fully paid. Understanding termination triggers is essential because they differ by alimony type.
| Alimony Type | Typical Duration | Terminates Upon Death | Terminates Upon Remarriage | Modifiable |
|---|---|---|---|---|
| Periodic | Indefinite | Yes | Yes | Yes |
| Lump-Sum | Until paid | No | No | No |
| Rehabilitative | 2-5 years | Yes | Yes | Yes |
| Reimbursement | One-time | No | No | No |
Cohabitation as Grounds for Termination
Mississippi courts may terminate periodic alimony when the recipient spouse cohabits with a romantic partner in a marriage-like relationship. The paying spouse must prove cohabitation through clear and convincing evidence, demonstrating not merely a sexual relationship but a relationship of mutual support that alters the recipient's financial needs. Courts presume such a relationship exists when the recipient lives with a romantic partner.
Proving cohabitation sufficient to terminate alimony can be challenging. In one Mississippi case, the court found no cohabitation despite evidence that the recipient wore her boyfriend's diamond ring, traveled with him regularly, and spent nights together for a week or more at a time. The paying spouse must show the relationship goes beyond romance to constitute a financial partnership resembling marriage.
Modification of Alimony Awards
Mississippi law permits modification of periodic and rehabilitative alimony upon proof of a material change in circumstances that was not reasonably foreseeable at the time of the original divorce decree. The party seeking modification bears the burden of proving the change is substantial, ongoing, and not temporary. Lump-sum alimony and reimbursement alimony cannot be modified under any circumstances because they vest as property rights immediately upon entry of the divorce decree.
Common grounds for modification include involuntary job loss, significant income reduction or increase, retirement, serious illness or disability, and the recipient spouse's improved financial circumstances. The requesting party must file a petition with the Chancery Court and provide evidence supporting the claimed change. Courts will not modify alimony based on temporary or self-induced circumstances—voluntarily quitting a job or reducing work hours typically does not justify modification.
Filing for Divorce and Alimony in Mississippi
To file for divorce and request alimony in Mississippi, at least one spouse must have been a bona fide resident of the state for 6 months immediately preceding the filing under Mississippi Code § 93-5-5. Mississippi has no separate county residency requirement—only the 6-month state residency must be satisfied. If the court finds that a party established Mississippi residency solely to obtain a divorce, it will dismiss the complaint at the filing party's cost.
Mississippi divorce filing fees range from $148 to $160 depending on the county and whether the case is contested or uncontested. Service of process adds $30-$100 unless the other spouse waives service. If the defendant cannot be located, service by publication costs approximately $65 for newspaper publication. Mississippi has among the lowest divorce filing fees in the nation compared to $435 in California or $409 in Florida. Fee waivers are available through a Pauper's Affidavit for those earning at or below 125% of the Federal Poverty Level ($19,950 for one person in 2026).
After filing, Mississippi requires a mandatory 60-day waiting period before any divorce can be finalized, including uncontested divorces based on irreconcilable differences. This waiting period applies even when both spouses agree on all terms. Contested divorces involving disputes over alimony, property division, or child custody take significantly longer—typically 6 to 18 months depending on the complexity of the issues and court scheduling.
Tax Treatment of Alimony in Mississippi
For divorce agreements executed after December 31, 2018, alimony payments are no longer deductible by the paying spouse and are not taxable income to the receiving spouse under the Tax Cuts and Jobs Act of 2017. This represents a significant change from prior law, where alimony was deductible to the payor and taxable to the recipient. Divorces finalized before January 1, 2019, continue under the old rules unless the parties modify their agreement and specifically elect the new tax treatment.
The elimination of the alimony tax deduction affects negotiations over support amounts. Under prior law, a higher-earning spouse in a 35% tax bracket could effectively pay alimony at a 65-cent cost per dollar, while the lower-earning recipient might pay only 22% tax on the income. Today, each dollar of alimony costs the payor a full dollar, which may result in lower support amounts overall. Mississippi chancellors consider tax consequences as one of the 12 Armstrong factors when determining alimony awards.
Enforcing Alimony Orders in Mississippi
When a spouse fails to pay court-ordered alimony, Mississippi provides several enforcement mechanisms. The recipient spouse may file a motion for contempt of court, requesting that the chancellor find the non-paying spouse in willful violation of the court order. Contempt findings can result in fines, wage garnishment, property liens, and even incarceration until the arrearage is paid. Courts may also order the delinquent spouse to pay the recipient's attorney fees incurred in enforcement.
Mississippi courts can order income withholding, directing the payor's employer to deduct alimony from wages and remit payment directly to the recipient. This mechanism reduces the risk of non-payment and eliminates arguments about failed delivery. For self-employed payors or those with variable income, courts may require posting of a bond or other security to guarantee future payments.
Frequently Asked Questions About Types of Alimony in Mississippi
What is the most common type of alimony awarded in Mississippi?
Rehabilititative alimony is the most commonly awarded type of spousal support in Mississippi as of 2026. Courts typically award rehabilitative support for 2 to 5 years, providing the recipient time to obtain education, training, or work experience needed to become financially self-sufficient. Unlike permanent alimony, rehabilitative support has a defined end date tied to the recipient's rehabilitation plan.
Can I receive alimony if I committed adultery in Mississippi?
Mississippi law allows chancellors to bar an at-fault spouse from receiving alimony under Mississippi Code § 93-5-23. However, adultery does not automatically disqualify you from support. If your spouse also committed fault (mutual fault), or if denying alimony would be unconscionable given your circumstances, the court may still award support despite your misconduct.
Does alimony end if my ex-spouse moves in with a new partner?
Periodic alimony in Mississippi may terminate upon the recipient's cohabitation with a romantic partner in a marriage-like relationship. The paying spouse must prove cohabitation through clear and convincing evidence, demonstrating mutual financial support—not merely a sexual relationship. Lump-sum and reimbursement alimony do not terminate upon cohabitation.
How long does alimony last in Mississippi?
Alimony duration varies by type: periodic alimony continues indefinitely until death, remarriage, or cohabitation; rehabilitative alimony typically lasts 2 to 5 years; lump-sum alimony ends when fully paid; and reimbursement alimony is a one-time award. Longer marriages (10+ years) generally result in longer support periods.
Can Mississippi alimony be modified after the divorce?
Periodic and rehabilitative alimony can be modified upon proof of a material change in circumstances not foreseeable at divorce—such as job loss, disability, or significant income change. Lump-sum and reimbursement alimony cannot be modified because they vest as property rights at the time of the divorce decree.
Is there an alimony calculator for Mississippi?
No, Mississippi does not use a statutory formula or calculator for alimony. Chancellors exercise broad discretion guided by the 12 Armstrong factors, making determinations on a case-by-case basis. Amounts vary widely depending on income, earning capacity, marriage length, standard of living, fault, and other equitable factors.
What is the difference between lump-sum and periodic alimony?
Lump-sum alimony is a fixed, non-modifiable amount paid at once or in installments, surviving death and remarriage. Periodic alimony consists of ongoing monthly payments that terminate upon death, remarriage, or cohabitation and can be modified for changed circumstances. Lump-sum provides certainty while periodic offers flexibility.
Can I get alimony if my spouse supported me through school?
If your spouse supported you through school and filed for divorce shortly after graduation—before realizing the expected financial benefit—they may receive reimbursement alimony under Guy v. Guy, 736 So. 2d 1042 (Miss. 1999). This compensates their contribution to your education when the enhanced earning capacity cannot be divided as property.
How does the length of marriage affect alimony in Mississippi?
Marriage length is one of the 12 Armstrong factors chancellors consider when awarding alimony. Longer marriages—particularly those exceeding 10 years—create stronger claims for support, especially periodic alimony. Short-term marriages (under 5 years) rarely result in long-term support absent exceptional circumstances like reimbursement claims.
What happens to alimony if my ex-spouse dies?
Periodic and rehabilitative alimony terminate automatically upon the death of either spouse. Lump-sum and reimbursement alimony survive death because they vest as property rights—the estate must continue payments or satisfy the remaining balance. Recipients should consider life insurance to protect against loss of support upon the payor's death.
This guide provides general information about the types of alimony in Mississippi and is not legal advice. Alimony determinations depend on the specific facts of each case. Consult a Mississippi family law attorney for advice about your particular situation.
Written by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Mississippi divorce law
Last updated: May 2026