What Is Separate Maintenance In Mississippi?
Separating from your spouse and preparing for a divorce can change a lot about your life. Your daily routines and living situation could be completely different, especially if you have been a stay-at-home spouse or parent.
Worrying about how you’ll support yourself as you go through a divorce is not a reason to stay in a bad marriage. There are options that can help you stay financially supported while you’re separated or waiting for your divorce to be finalized.
If you’re going through a divorce or separation, consulting an attorney can help make sure that you are protected and supported as best as possible.
Contact Jason Campbell today to learn more about how we may be able to help you through this process.
What Is Separate Maintenance Income?
Separate maintenance income is a court-made and court-appointed financial remedy for separated spouses. The main intention of separate maintenance is for a spouse who is financially dependent on their marriage to maintain their standard of living through the divorce process.
You should be aware of a few important details about separate maintenance. A spouse who has the right to receive separate maintenance, or even receives separate maintenance, does not impact the right to spousal support or alimony after the divorce.
Separate maintenance is also completely separate from child support payments and shouldn’t include any money intended for child support because that money is for the children, not the spouse. If spouses are separated but not divorced, child support can still be paid out, whereas alimony is only available after a divorce.
How to Get Separate Maintenance
Each state may have different procedures for how separate maintenance is awarded. You file for separate maintenance in Mississippi by filing a complaint with the chancery court and requesting separate maintenance as redress. Your spouse, the defendant in this situation, has to be served with a copy of the complaint. Once both steps occur, the hearing will usually take place quickly.
Based on separation laws in Mississippi, the burden of proof will be on the spouse requesting separate maintenance to prove that they are separated and that the separation wasn’t their fault. After this, to avoid paying separate maintenance, the defendant has to prove that there was a just cause or equal fault for the separation.
If separate maintenance has been awarded, it can be changed if the spouse paying has a material change in circumstances by filing a motion to modify it with the court.
How Is Separate Maintenance Decided?
When awarding separate maintenance, there are a variety of factors that the court considers:
- The health of both spouses
- Combined earning capacity of both spouses
- Reasonable needs of spouse requesting separate maintenance
- Necessary living expenses of the spouse paying separate maintenance
- Which spouse has free use of the marital home and furnishings
- Other facts and circumstances related to the subject that are shown through evidence
The amount of separate maintenance awarded is at the court's discretion in each case. An important focus of separate maintenance payments is that they shouldn’t deplete the spouse’s estate or earning capacity.
Contact a Family Law Attorney Today
Separating or divorcing your spouse can be complicated, especially when considering supporting yourself through and after the divorce. Separate maintenance is a less commonly known way to make sure you can maintain your standard of living through the process of being separated and going through your divorce.
There are a lot of different legal intricacies to keep track of while preparing for a divorce. Working with a family law lawyer can help you stay on top of all the necessary paperwork and deadlines while making it less stressful for you, including helping you file for separate maintenance.
Jason Campbell is an experienced Mississippi family lawyer who fights for his client’s rights and needs.
Contact Campbell Law Firm today to learn more about how we may be able to help you file for separate maintenance.
Share this post
Campbell Law Firm, P.A.
