Reviewed August 2026
Spousal Support in Mississippi
Mississippi calls spousal support alimony. The chancery court decides it as part of a divorce case under Mississippi Code § 93-5-23. Mississippi's statute authorizes alimony but does not spell out a detailed factors list in its own text. Instead, the framework courts actually apply comes from Mississippi Supreme Court case law, most notably Armstrong v. Armstrong. Mississippi recognizes several forms of alimony. Periodic alimony is paid on an ongoing schedule and is modifiable based on later changes. Rehabilitative alimony is a time-limited award meant to help a spouse become self-supporting. Lump-sum alimony is a fixed amount that is generally not modifiable once ordered, similar to a property settlement. There is no statutory formula for calculating the amount or duration of alimony in Mississippi. The chancellor has substantial discretion, guided by the Armstrong factors, to decide whether an award is appropriate and how it should be structured.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how spousal support works under Mississippi law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Mississippi paperwork. See how Virdix works for California divorces.
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The Armstrong factors
Because Miss. Code § 93-5-23 does not itself list detailed alimony factors, Mississippi courts apply the framework from Armstrong v. Armstrong, 618 So. 2d 1278 (Miss. 1993). It directs the chancellor to consider each spouse's income and expenses, health, and earning capacity. The chancellor also weighs the needs of each spouse, the obligations and assets of each spouse, and the length of the marriage. Additional factors include whether either spouse has custody of a child that impacts wage-earning capacity, the tax consequences of the award, fault or misconduct, wasteful dissipation of assets, and any other equitable factor.
Periodic, rehabilitative, and lump-sum alimony
Periodic alimony continues on an ongoing basis and can be modified later based on a substantial change in circumstances. Rehabilitative alimony is awarded for a limited, defined period to help a spouse transition to self-sufficiency, often tied to a specific plan for education or employment. Lump-sum alimony is a fixed total amount, sometimes paid in installments, that functions more like a property award. It is generally not modifiable once the court orders it.
Fault as a factor
Because the Armstrong factors include marital fault and misconduct, Mississippi alimony decisions can be influenced by conduct during the marriage. This is true even though Mississippi also allows divorces on no-fault, irreconcilable-differences grounds. Fault is one factor among many rather than an automatic bar or entitlement.
Modification and termination
Periodic alimony can be modified upon a showing of a substantial and material change in circumstances since the order was entered. Mississippi law generally terminates periodic alimony upon the remarriage of the recipient. Courts can also consider cohabitation as a basis to modify or terminate an award, since cohabitation can affect the recipient's financial need. Lump-sum alimony, treated as a property settlement, is generally not affected by remarriage or later changes in circumstances.
Sources: Mississippi Code § 93-5-23 (archived copy of official code text), Mississippi Judiciary, IRS Tax Topic 452, Alimony and Separate Maintenance
Not independently confirmed
- The exact current citation and holding of Armstrong v. Armstrong were described from general legal knowledge rather than re-verified against a live case reporter; confirm the controlling case law with a licensed Mississippi attorney.
- Mississippi's official state code website does not offer a reliably linkable statute page for automated verification; the statute citation is confirmed through an archived secondary database copy rather than a live official state page.
Spousal Support in Mississippi: frequently asked questions
What is spousal support called in Mississippi?+
Mississippi statute and courts use the term alimony. It is authorized under Miss. Code § 93-5-23 and decided by the chancery court as part of a divorce case.
What factors does a Mississippi court use to decide alimony?+
Because the statute itself does not list detailed factors, Mississippi courts apply the Armstrong v. Armstrong case-law framework, weighing each spouse's income, needs, health, earning capacity, the length of the marriage, fault, and other equitable considerations.
What is the difference between periodic, rehabilitative, and lump-sum alimony in Mississippi?+
Periodic alimony is ongoing and modifiable. Rehabilitative alimony is time-limited and tied to a plan for the recipient to become self-supporting. Lump-sum alimony is a fixed total amount treated similarly to a property settlement and is generally not modifiable.
Does fault affect alimony in Mississippi?+
It can. Marital fault and misconduct are among the Armstrong factors Mississippi courts weigh, even though Mississippi also permits no-fault divorce on irreconcilable-differences grounds. Fault is one consideration among several rather than an automatic determining factor.
Does remarriage or cohabitation end alimony in Mississippi?+
Periodic alimony generally terminates upon the recipient's remarriage, and courts can also modify or terminate periodic alimony based on cohabitation that affects the recipient's financial need. Lump-sum alimony is generally unaffected by either event.
Is alimony taxable in Mississippi?+
For divorces finalized after December 31, 2018, federal law no longer allows the paying spouse to deduct alimony or requires the recipient to treat it as taxable income, under the Tax Cuts and Jobs Act. Agreements executed before 2019 generally keep the older tax treatment unless later modified.
This page is general information about spousal support in Mississippi, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Mississippi's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Mississippi. Virdix does not prepare or file Mississippi divorce paperwork. It is not a substitute for an attorney licensed in Mississippi.
More Mississippi divorce guides
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