It is common for clients and perspective clients to hold onto the misconception that alimony is only available to a spouse when 10 years of marriage have passed. While the American Academy of Matrimonial Lawyers has issued specific recommendations for courts to award alimony, their guidelines are simply that: recommendations as to the availability of alimony by a requesting party. State laws still vary greatly in terms of whether a set minimum term of marriage is required to obtain alimony. Mississippi has recently begun to take into account a holistic view of the entire marital circumstances in determining whether to award alimony.

Chancery Courts in Mississippi will generally follow the parameters in our state’s seminal alimony case of Armstrong v. Armstrong which has been extensively discussed in our blog for several years. In a 2016 Mississippi Court of Appeals case, Farris v. Farris, No. 2015-CA-00835 ( decided October 4, 2016), the Court of Appeals, after applying a relatively basic Armstrong analysis, determined that a wife was due lump-sum alimony (although the court erred in mislabeling the alimony “periodic”, since there was a clear end date for the award it was deemed “lump-sum” alimony, but I digress from the major issue of importance).

The Chancellor in this particular case determined that the wife was entitled to alimony in spite of a relatively short six (6) year marriage. The court took several factors into an account in deviating from the generally accepted principal that short-term marriages do not permit awards of alimony of any type. The court took into consideration, 1. That the wife was heavily involved in the building of her husband’s business for 3 years prior to the marriage, 2. That the wife had nearly zero separate assets, 3. That the wife was elderly and had little earning capacity outside of any interest in her husband’s business and, 4. A division of marital assets was not entirely possible since the business was not able to be divided in a manner that would permit the business to remain viable. Interestingly, the court also upheld the couple’s prenuptial agreement which disallowed the wife to seek several aspects of increased value in the husband’s business.

It is always important to keep in mind that in instances where a marital asset cannot effectively be divided, Chancellors are permitted to use an award of alimony as a tool for equalizing the equitable division of property involved in the divorce. We can learn from recent Mississippi case law that Chancery Courts have broad discretion to award alimony, largely due to the subjective analysis which may occur through Armstrong and its progeny.

In short, do not make assumptions as to whether you or your spouse has the ability to make a valid alimony claim in divorce. An effective and skilled attorney is able to make an educated guess regarding the likelihood of an award of alimony. However, always remember that even considering the particular judge’s inclinations, the way the facts are presented to the court, and the respective earning capacities of the parties, there is no sure-fire way to make an absolute determination of the value of any potential alimony award. Results often vary wildly. It is important to hire a lawyer who has the experience to argue all of the facts of your case in a manner that will enhance your odds of achieving a favorable result.

If you are seeking alimony in the State of Mississippi or if you are defending against a spousal support claim made by your spouse, Matthew Poole has over 13 years of experience in obtaining the best possible result. Please contact us if you would like to discuss any alimony-related matter and rest assured we will turn over every stone, leaving none unturned, to your advantage.