Full question:
My husband and I own a house that is not paid for. He also bought a body shop and we owe a debt regarding the purchase of this property. However the body shop is doing well and he is making money. How are these properties divided if a divorce is granted? Am I entitled to half of the body shop? We have been married 5 years. Am I entitled to alimony? He wants the divorce. I would like to work things out, and I am not sure on what grounds he is filing. I have done nothing that warrants divorce under Mississippi law as far as I know.
- Category: Real Property
- Date:
- State: Mississippi
Answer:
"Spousal support" (sometimes called "alimony") is money paid by one spouse to the other due to the payee spouse's loss of the benefit of the payor spouse's income due to the divorce. The court may order that one spouse support the other during the pendancy of the divorce action and/or after the divorce has become final. Support awarded pending the final decree of divorce is not to extend beyond the period of time necessary for the prosecution of the divorce action. The court will consider a wide range of factors and has broad discretion in determining whether to award alimony and how much to award.
Regarding the determination of how marital property is divided, Mississippi is a so-called "equitable distribution" state. This means that the division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal. The court has wide discretion in determining property division.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
