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The Essentials to a Mississippi Marital Separation
The Mississippi law does not provide for legal separation. It's either you're married or divorced. However, spouses who want to break up without divorce have one option; file for Separate maintenance.
What is Separate Maintenance?
Separate maintenance is spousal support given to the spouse who does not want to end the marriage, but the other spouse has already moved out and is not interested in reconciliation. In this scenario, the judge gives the order to the other spouse to reconcile the marriage or pay for support maintenance until they work things out. However, for a spouse to qualify for this support, they must not be responsible for the separation.
Here is a highlight of some things you should know about marital separation in Mississippi.
Conditions for the Termination of Separate Maintenance Award
A separate maintenance award can be terminated due to the following reasons:
Divorce of the couple
Death of either party
If the couple agrees to reconcile
When one party offers to pay separate maintenance, but the other party refuses
Is Separate Maintenance the Same as Spousal Support?
Separate maintenance refers to payments made by one spouse to the other on an ongoing basis, typically to maintain the standard of living during the marriage. It's generally awarded after separation, not divorce. A judge grants it after establishing that the party receiving the support did not directly contribute to the breakup.
On the other hand, Spousal support can be awarded by the court but can still be agreed upon by both parties without the court's involvement. It's awarded after separation or divorce. It is usually considered a last resort and is paid only if it can be demonstrated that money obtained through alimony will compensate for any economic damage caused by the breakup.
To be eligible for alimony, both parties must meet specific eligibility requirements, such as being able to contribute economically towards their own support, having lived apart without cohabitation for at least two years preceding filing for divorce or separation, and not receiving public assistance within three years prior.
Is Separate Maintenance Subject to Income Tax?
No, it is not subject to federal or state taxes.
What is a Maintenance Order in Mississippi Marital Separation?
During a Mississippi marital separation, a maintenance order comes after the case has been heard and determined. The issues to be heard and resolved in a separate maintenance case include custody, child support, spousal support, health insurance, assets, liabilities distribution, right to the marital home, and use of vehicles.
What Are the Accepted Grounds for a Marriage Separation agreement in Mississippi?
The accepted grounds for marriage separation agreement in Mississippi include:
Excessive use of drugs
Habitual cruel and inhumane behavior
What is the Cost of Filing for Separation Maintenance in Mississippi?
It costs $158 as court fee to file for separation maintenance in Mississippi
How Long Do You have to be separated before Divorce in Mississippi?
Mississippi has no mandatory separation period before divorcebecause the law does not recognize legal separation. But you'll have to wait for 60 days after filing the divorce to get a divorce in Mississippi. Also, you must be a resident of Mississippi for at least six months to be eligible for divorce.
Understanding the legal requirements for Mississippi legal separation can be challenging. Nevertheless, the good news is that forms.legal offers the much-needed solution to make the process easier. We offer all types of accessible and printable separation agreement forms that may come in handy for your unique situation. Download the free printable form from this website. Then, please fill out the required details accordingly.
Sample Mississippi Marital Separation
MS Marital Separation Agreement
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