How Does Division Of Assets Work In A Divorce?

Feb 10, 2023

In Mississippi, the division of assets in a divorce are typically based on equitable distribution laws. This means that, to some extent, the way your assets will be divided between you and your spouse can be predictable. However, it’s important to remember that every divorce is different. What happens in some situations may not be the outcome in every similar situation. 


If you are going through a divorce, representation by an attorney can make a big impact. Having an attorney on your side may help ensure that you are represented, and your rights are fought for in every way possible. 


Jason Campbell is a trusted family law attorney in Mississippi. He has been trying family law cases in Mississippi for over 10 years and, in that time, has worked with hundreds of families. Contact us today to discuss how Jason Campbell can help protect your interests in your divorce.

What Is Equitable Division?

Equitable division divides marital assets in a way that is fair or equitable for both parties. It’s important to note that a fair division of assets does not mean that assets will be divided equally.


When assets are considered and divided as part of a divorce, only marital assets are included in the consideration. Individual assets, not combined to become marital assets, are not part of the consideration.

What Is Considered an Individual Asset?

In Mississippi, any property accumulated by either spouse during the marriage is typically considered a marital asset, but there are situations where it can be considered an individual asset as well. There are a few ways property accumulated during the marriage can be an individual asset. For instance, if the property is bought with separate money or is a gift or inheritance received during the marriage and isn’t combined.


Any property owned before the marriage and kept separate during the marriage is also an individual asset.


Individual assets can sometimes become marital assets even if they are legally kept separate. If a separate property is combined with a marital property or used extensively by the family, it could be considered a marital property. Similarly, if the value of an individual property has appreciated through a spouse’s efforts, the appreciated value is marital. If either of these situations has taken place, the individual asset in question can be considered as part of the equitable distribution in a divorce.

How Are Assets Divided?

Division of assets in Mississippi is based on the “Ferguson Factors” from the case Ferguson v. Ferguson. The Ferguson Factors are four steps for how to go about divorce and the division of assets.


1. Classify assets as marital or separate

You and your spouse have to outline your shared assets so that they can be divided.


2. Establish the value of each asset

This can be done through an appraisal or an agreement between both parties. 


3. Marital property and assets are divided equitably

This division is decided by the courts.


4. Award alimony if necessary

Depending on how marital assets are divided, the court may order one spouse to pay the other alimony.

What’s Considered When Dividing Assets?

Along with determining how assets are divided, courts also have to identify what should be divided, and they determine that based on a number of factors, including:



  • Length of marriage
  • Each spouse’s contributions to the marriage
  • Which spouse will be responsible for providing for any children from the marriage
  • Market or emotional value of assets
  • Value of assets not subject to distribution
  • Tax and economic consequences of the distribution
  • Financial security needs of the parties
  • Earning and employment prospects of the parties
  • Alimony and if property division will eliminate the need for alimony


Working with an experienced family law attorney can help make the division of assets an easier process for you and may be able to help you get what you deserve in the divorce.

How Is Alimony Decided?

Alimony is determined after assets have been divided. Alimony payments are intended to make up for the lack of property or value received in the division of property. If one party is left with a deficit after an equitable distribution analysis by the court, they will be owed alimony.

Contact a Family Law Attorney Today

If you’re going through a divorce where assets need to be divided, we strongly recommend having legal representation. An attorney may fight for you and make sure your well-being is considered and your needs are provided for in the division of assets.


We understand the stress that comes along with dividing assets in a divorce, and you shouldn’t have to do it alone.


Campbell Law is committed to helping our clients throughout the divorce process. Contact us today to schedule a free consultation to discuss how we may be able to help you.

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