Mississippi Marital Settlement Agreement
A Mississippi marital settlement agreement lets divorcing spouses divide their marital property and debts, set spousal support, and address custody and child support. It is required for a no-fault divorce and is reviewed and incorporated into the judgment. Attorney review available.
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Introduction
In Mississippi a written settlement agreement is not optional for a no-fault divorce: to divorce on the ground of irreconcilable differences the spouses must provide by written agreement for the custody and maintenance of any children and for the settlement of any property rights (Miss. Code 93-5-2), and that marital settlement agreement is the contract divorcing spouses use to settle their property, debts, spousal support, and (by reference) custody and child support, so the terms can be reviewed and incorporated into the judgment that ends the marriage. In Mississippi the agreement is not just useful, it is required for a no-fault divorce: to divorce on the ground of irreconcilable differences the spouses must provide by written agreement for the custody and maintenance of any children and for the settlement of any property rights (Miss. Code 93-5-2). Mississippi is an equitable-distribution state, not a community property state, so marital property acquired during the marriage is divided fairly but not necessarily equally, with no automatic 50/50 split. That division follows the Ferguson factors set by the Mississippi Supreme Court in Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994), rather than a single code section, and the chancery court has statutory authority to order the division and maintenance under Miss. Code 93-5-23. Mississippi has no statewide formula for alimony; the court weighs the Armstrong factors from Armstrong v. Armstrong, 618 So. 2d 1278 (Miss. 1993). Custody and child support follow Mississippi's statutory guideline, a rebuttable presumption based on a percentage of adjusted gross income (Miss. Code 43-19-101), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. Once signed, the agreement is reviewed for adequacy and, if approved, incorporated into the judgment; a complaint must be on file for sixty days before it can be heard (Miss. Code 93-5-2(4)). DocDraft builds your Mississippi marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
Mississippi divides marital property under the Ferguson factors set by its Supreme Court rather than a single code section, and a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be reviewed and incorporated into the judgment that ends the marriage.
- 2
In Mississippi a written agreement is required to divorce on the ground of irreconcilable differences: the spouses must provide by written agreement for the custody and maintenance of any children and for the settlement of any property rights (Miss. Code 93-5-2). If they cannot agree, they may consent in writing to let the court decide the contested issues.
- 3
Mississippi is an equitable-distribution state, not a community property state. Marital property acquired during the marriage is divided fairly but not necessarily equally, and there is no legal presumption of a 50/50 split.
- 4
Mississippi has no statute that codifies the property-division factors. The division follows the Ferguson factors set by the Mississippi Supreme Court in Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994), and the chancery court has statutory authority to order the division and maintenance under Miss. Code 93-5-23. Separate property owned before the marriage or received by gift or inheritance is generally not divided.
- 5
Mississippi has no statewide formula for alimony. The court decides spousal support case by case by weighing the Armstrong factors from Armstrong v. Armstrong, 618 So. 2d 1278 (Miss. 1993), such as each party income and needs, the length of the marriage, and the standard of living during the marriage.
- 6
Child support follows Mississippi's statutory guideline, a rebuttable presumption based on a percentage of the paying parent adjusted gross income: 14 percent for one child, 20 percent for two, 22 percent for three, 24 percent for four, and 26 percent for five or more (Miss. Code 43-19-101). Custody and child support stay court-approved and modifiable and cannot be bargained away.
- 7
Once both spouses sign, the chancery court reviews the agreement to confirm the provisions are adequate and sufficient and, if approved, incorporates it into the judgment, which may later be modified as other divorce judgments (Miss. Code 93-5-2). A complaint must be on file for sixty days before it can be heard (Miss. Code 93-5-2(4)); no statute quoted here requires notarizing the agreement itself, but signatures are commonly notarized before filing.
Key decisions before you file
Before you file a Marital Settlement Agreement in Mississippi, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Mississippi Requirements for Marital Settlement Agreement
Written Agreement Required for No-Fault Divorce
To divorce on the ground of irreconcilable differences, Mississippi requires the spouses to provide by written agreement for the custody and maintenance of any children and for the settlement of any property rights (Miss. Code 93-5-2). If the parties cannot agree, they may consent in writing to let the court decide the contested issues.
Equitable Distribution, Not 50/50
Mississippi is an equitable-distribution state, not a community property state. Marital property acquired during the marriage is divided fairly but not necessarily equally, and there is no legal presumption of a 50/50 split. A marital settlement agreement lets the spouses set the division themselves.
Ferguson Factors, Not a Codifying Statute
Mississippi has no statute that codifies the property-division factors. The division follows the Ferguson factors set by the Mississippi Supreme Court in Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994), and the chancery court has statutory authority to order the division and maintenance under Miss. Code 93-5-23. Separate property owned before the marriage or received by gift or inheritance is generally not divided.
No Statewide Alimony Formula
Mississippi has no statewide formula or calculator for alimony. The chancery court decides spousal support case by case by weighing the Armstrong factors from Armstrong v. Armstrong, 618 So. 2d 1278 (Miss. 1993), such as each party income and needs, the length of the marriage, and the standard of living, under Miss. Code 93-5-23.
Child Support Follows the Guideline
Child support follows Mississippi statutory guideline, a rebuttable presumption based on a percentage of adjusted gross income: 14 percent for one child, 20 percent for two, 22 percent for three, 24 percent for four, and 26 percent for five or more (Miss. Code 43-19-101). Parents may propose an amount, but the court reviews it for the best interests of the children. Child support cannot be bargained away.
Custody and Child Support Stay Modifiable
Custody and child support terms in a Mississippi marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. These terms are never fixed the way a property division can be.
Sixty Day Waiting Period
A complaint for divorce on the ground of irreconcilable differences must have been on file for sixty days before it can be heard (Miss. Code 93-5-2(4)). The court reviews the agreement to confirm the provisions are adequate and sufficient and never guarantees approval. No statute quoted here requires notarizing the agreement, but signatures are commonly notarized before filing.
Incorporation Into the Judgment
Once the court finds the provisions adequate and sufficient, the agreement is incorporated into the judgment of divorce, so property division, spousal support, custody, and child support are ordered as set out in the agreement, and the judgment may later be modified as other divorce judgments (Miss. Code 93-5-2).