Divorce

Unless you and your spouse agree to an amount, the judge has the right to decide both:

• whether or not to award alimony; and
• how much to award.¹

The judge must make sure that their decision is just and equitable. They must also consider each spouse’s circumstances. If you or your spouse asks for it, the judge can change the award in the future if necessary.¹

The judge will consider several factors in deciding whether to grant alimony. The factors include:

• the income and expenses of the spouses;
• the health and earning abilities of the spouses;
• the needs of each spouse;
• the debts/responsibilities and assets of each spouse;
• the length of the marriage;
• the presence or absence of minor children in each home;
• the age of the spouses;
• the standard of living of the spouses;
• the tax consequences of the support decree;
• fault or misconduct;
• waste of assets by either spouse; and
• any other factor deemed to be fair and equitable.²

¹ Miss. Code § 93-5-23
² Armstrong v. Armstrong, 618 So.2d 1278 (1993)