Mississippi Divorce Property Division

What the Law Says

Mississippi courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Mississippi is the only US state with no equitable-distribution statute — property division is governed by case law. Under Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994), chancery courts weigh eight factors to reach an equitable — not necessarily equal — division; Mississippi case law is explicit that “equitable distribution does not mean equal distribution” and there is no presumption of a 50/50 split. Marital property is defined by the companion case Hemsley v. Hemsley, 639 So. 2d 909 (Miss. 1994).

Division Factors (Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994); Hemsley v. Hemsley, 639 So. 2d 909 (Miss. 1994))

What Mississippi courts weigh:

1. Substantial contribution to the accumulation of the property, including direct or indirect economic contribution, contribution to family stability and harmony, and contribution to the other spouse's education, training, or earning power (Ferguson factor 1 — Miss. case law; there is no statute)
2. Degree to which each spouse has expended, withdrawn, or otherwise disposed of marital assets, and any prior distribution of such assets (Ferguson factor 2)
3. Market value and emotional value of the assets subject to distribution (Ferguson factor 3)
4. Value of assets not ordinarily subject to distribution, such as property brought to the marriage and property acquired by inheritance or inter vivos gift (Ferguson factor 4)
5. Tax and other economic consequences of the distribution, and contractual or legal consequences to third parties (Ferguson factor 5)
6. Extent to which property division may, with equity to both parties, be used to eliminate periodic payments and other potential sources of future friction (Ferguson factor 6)
7. Needs of the parties for financial security, with due regard to the combination of assets, income, and earning capacity (Ferguson factor 7)
8. Any other factor which in equity should be considered (Ferguson factor 8)

Common Questions