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Alimony · Mississippi · checked 23 Aug 2026

Alimony in Mississippi.

Whether the state sets a formula or leaves it to the judge, what the court has to weigh, how long it runs, and what brings it to an end.

Does Mississippi have an alimony formula?
No. The judge decides it on the factors.

There is no arithmetic in Mississippi’s statute. The court decides the amount and the length from the factors below, and two judges on the same facts can reach different answers. That is not a flaw in how we are describing it; it is how the law is written.

Use the state’s own words

Mississippi calls it alimony. Miss. Code Ann. section 93-5-23 speaks of orders 'touching the maintenance and alimony of the wife or the husband, or any allowance to be made to her or him'. The statute uses no other term and does not name any category of alimony.. Using the state’s own term matters when you are searching for forms or reading an order — the words are not interchangeable across state lines, and some of them mean different things in different places.

What do you need?
4 sections on this page. Pick one, or show everything.
The short version4 points · tap one to jump to it
  1. What the law actually says
  2. How long it lasts — None. Section 93-5-23 says nothing about the length of the marriage, sets no bracket, no presumption and no maximum term, and does not distinguish among types of alimony by duration.
  3. Does behavior matter? — The statute is silent as to alimony.
  4. When it ends, and when it can change — The statute contains no termination provision for alimony.
In this subject 4

What the law actually says

The power the court has

Miss. Code Ann. section 93-5-23 (orders on divorce, including alimony). Related: section 93-5-2 (divorce on the ground of irreconcilable differences, which requires the court to resolve 'maintenance' and property before granting the decree).Miss. Code Ann. section 93-5-23, first paragraph, quoted verbatim: 'When a divorce shall be decreed from the bonds of matrimony, the court may, in its discretion, having regard to the circumstances of the parties and the nature of the case, as may seem equitable and just, make all orders touching the care, custody and maintenance of the children of the marriage, and also touching the maintenance and alimony of the wife or the husband, or any allowance to be made to her or him, and shall, if need be, require bond, sureties or other guarantee for the payment of the sum so allowed. Orders touching on the custody of the children of the marriage shall be made in accordance with the provisions of Section 93-5-24. For the purposes of orders touching the maintenance and alimony of the wife or husband, "property" and "an asset of a spouse" shall not include any interest a party may have as an heir at law of a living person or any interest under a third-party will, nor shall any such interest be considered as an economic circumstance or other factor. The court may afterwards, on petition, change the decree, and make from time to time such new decrees as the case may require.'

What the judge has to weigh

Miss. Code Ann. section 93-5-23 (orders on divorce, including alimony). Related: section 93-5-2 (divorce on the ground of irreconcilable differences, which requires the court to resolve 'maintenance' and property before granting the decree). — the factorsThere are none in the statute. This is the answer the question asks for, and it is worth stating plainly: Mississippi's alimony factors are not statutory. Section 93-5-23 confers discretion in twenty-eight words — 'in its discretion, having regard to the circumstances of the parties and the nature of the case, as may seem equitable and just' — and stops. The multi-factor test Mississippi chancellors actually apply comes from decisions of the Mississippi Supreme Court, not from the Mississippi Code. No case text is quoted here: the Mississippi Judiciary's own site, courts.ms.gov, returned HTTP 500 and a 'Website Maintenance' page on every request made on the checked date, and we do not substitute a commercial or secondary reporter for a court's own publication. The statutory finding — that there are no statutory factors — stands on its own and is the load-bearing one. Source: https://billstatus.ls.state.ms.us/documents/2024/html/HB/1300-1399/HB1388IN.htm

How long it lasts

Duration

None. Section 93-5-23 says nothing about the length of the marriage, sets no bracket, no presumption and no maximum term, and does not distinguish among types of alimony by duration. The categories Mississippi practice uses — periodic, lump sum, rehabilitative — appear nowhere in the section.

Does behavior matter?

Marital misconduct

The statute is silent as to alimony. It neither requires, permits nor bars consideration of marital misconduct in fixing alimony. Fault does appear elsewhere in the same chapter as a ground for divorce: section 93-5-1 lists twelve causes, including 'Adultery, unless it should appear that it was committed by collusion of the parties for the purpose of procuring a divorce, or unless the parties cohabited after a knowledge by complainant of the adultery.' That is a ground provision, not an alimony provision.

When it ends, and when it can change

What brings it to an end

The statute contains no termination provision for alimony. There is no statutory rule on death, on remarriage, on cohabitation or on retirement. The only termination rule in section 93-5-23 concerns children: 'The duty of support of a child terminates upon the emancipation of the child. The court may determine that emancipation has occurred pursuant to Section 93-11-65.' Mississippi's rules on terminating periodic alimony for remarriage or for a cohabiting or de facto marital relationship are judicial, not statutory; no case text is quoted here for the reason given under factors.

Changing it later

Statutory, and in one sentence. Section 93-5-23: 'The court may afterwards, on petition, change the decree, and make from time to time such new decrees as the case may require.' No threshold, standard or time limit is stated.

Worth knowing about Mississippi

Mississippi is the clearest example in this batch of a state whose alimony law is almost entirely case law resting on a nearly empty statute. That is the finding, and it is a useful one rather than a gap. Two further points. First, on currency: the Mississippi Code is published under contract by a commercial publisher, and the Mississippi Legislature's own site links out to it rather than hosting the codified text. The commercial site we could not read. The text quoted above was read from the Legislature's own reproduction of the section in House Bill 1388 of the 2024 Regular Session, a bill 'TO BRING FORWARD SECTIONS 93-5-1 THROUGH 93-5-34, MISSISSIPPI CODE OF 1972, WHICH GOVERN DIVORCE AND ALIMONY IN THE STATE OF MISSISSIPPI, FOR PURPOSES OF AMENDMENT' — a bring-forward bill sets out the section exactly as it then stood. No amendment to section 93-5-23 in the 2025 or 2026 sessions was found, but the absence was not confirmed against a codified text, which is why this page is marked partial. Second, the carve-out in the middle of the section is unusual on its own terms: for alimony purposes, a party's interest as an heir at law of a living person, or under a third party's will, is not 'property', not 'an asset of a spouse', and may not be treated even as 'an economic circumstance or other factor'. That is a rare statutory instruction to a court to ignore an entire class of expectancy.

The tax rule changed, and most guides still describe the old one

For a divorce or separation instrument executed after 31 December 2018, alimony is not deductible by the person paying it and not taxable to the person receiving it. The Tax Cuts and Jobs Act repealed the provisions that made it otherwise. For an instrument executed on or before that date the old treatment continues — deductible to the payer, taxable to the recipient — unless it is later modified and the modification expressly adopts the new rule.

This is not a detail. Under the old rule a higher-rate payer could transfer income to a lower-rate recipient and the two of them shared the saving. That saving no longer exists, which changes what a given number is worth to each side. New Hampshire wrote the point into its own statute: its 23 per cent figure assumes non-deductibility, and reverts to 30 per cent if the federal treatment is ever restored.

Mississippi does not inherit the federal alimony rule — it has its own, and its two official statements of it do not match. Mississippi computes income under its own code rather than adopting the Internal Revenue Code wholesale, and the state return carries its own alimony lines: line 45 for alimony received, line 53 for alimony paid, with the date of divorce required on the return.

The current Form 80-100 instructions reach the federal answer: alimony paid is “deductible to the extent allowable for federal income tax purposes,” with the note that under the 2017 Act alimony is “no longer deductible for any agreement executed or modified after December 31, 2018.” The state’s own finalized regulation, however, has never been updated and still reads as it did before 2019: a deduction “is allowable with respect to payments in the nature of, or in lieu of alimony,” and “[t]his same amount must be included in the income of the spouse receiving the payment,” with no post-2018 carve-out anywhere in it. Both are official Mississippi sources and we are not going to pretend one of them does not exist. Follow the current form instructions — they are the ones the return is built on, they are current-year, and the regulation itself says the Commissioner “will follow the Federal Rules, Regulations and Revenue Procedures relating to alimony” unless instructed otherwise in writing. Four states do not conform their state income tax to it — Arkansas, California, New Jersey and New York — so this is worth knowing rather than assuming. The fifty-state table.
Source: Mississippi Department of Revenue, 2025 Form 80-100 instructions, lines 45 and 53; and Mississippi Administrative Code Title 35, Part III, Subpart 3, Chapter 01, ¶102 (Alimony and Separate Maintenance Payments), the finalized regulation the Department itself links as current. Mississippi publishes its code only through LexisNexis, not on a state domain, so no general conformity provision could be confirmed from a state source. the state source Checked 15 Sep 2026.

Authority: Tax Cuts and Jobs Act, Pub. L. 115-97, section 11051, repealing Internal Revenue Code sections 71 and 215; see also IRS Publication 504.
Authority: Miss. Code Ann. section 93-5-23 (orders on divorce, including alimony). Related: section 93-5-2 (divorce on the ground of irreconcilable differences, which requires the court to resolve 'maintenance' and property before granting the decree). — read it on Mississippi’s own site. Checked 23 Aug 2026.

How far we got, and where we stopped

Mississippi’s code is published commercially and the Legislature links out to it. The section below came from the Legislature’s own bring-forward bill, which sets the section out as it then stood. What is unconfirmed is currency past 2024, not the wording.

What that means for you: the words above are reliable — every quoted passage came from a source we name and link. What we cannot vouch for is that nothing has changed since, or that the subsection numbering matches what a subscription service would show. If you are citing a section in a filing, check the number against a law library copy. Quote the words with confidence.

The other number that decides your budget

How Mississippi calculates child support, and the overnight count that moves it more than income does.

Child support →

And the question underneath it

What Mississippi presumes about custody, and what the judge has to weigh.

Custody →

Know someone in Mississippi staring at this number?

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More on Mississippi

The rest of what we have written about Mississippi. Every figure is quoted from Mississippi’s own statute or its courts’ own published schedule, and carries the date we last checked it.

Sources last checked23 August 2026
Page published23 August 2026
What this means. This is when the sources on this page were last read against their originals — statutes, court rules, official schedules — taken from the dates recorded against the individual citations on this page. It is not the date the page was last edited. Adding a link or fixing a typo does not move it; re-reading the statute does. Where we get something wrong we publish it at thecusp.app/corrections with the date, what changed, and how long the error was live.