Quick answer: Mississippi is an equitable distribution state, not a community property state. The chancellor divides the marital property, the assets acquired or accumulated during the marriage, equitably, not necessarily equally, using the eight Ferguson factors: the spouses’ contribution to accumulating the property; dissipation of assets; the market and emotional value of the assets; the value of assets not ordinarily subject to distribution, such as property brought to the marriage or acquired by inheritance or gift; the tax and economic consequences; the extent to which the division can eliminate periodic payments and other sources of friction; each party’s need for financial security; and any other factor that in equity should be considered. The court classifies, values, divides and then considers alimony. The statutory authority is Miss. Code § 93-5-23, which lets the court make orders “as may seem equitable and just”; the framework comes from the Mississippi Supreme Court.
What Mississippi law says
- Four steps. Classify each asset as marital or non-marital, value it, divide the marital assets by the Ferguson factors, then turn to the Armstrong factors for alimony.
- Equitable, not equal. There is no fixed percentage, and a division far from equal can stand if the court addresses all the factors.
- Not a punishment. Courts should not use the division to punish a spouse for marital misconduct.
How the calculator works
You enter the marital property and debts each spouse holds and each spouse’s separate property, which is kept out of the division. The calculator adds up the marital estate, starts at an equal share and shows the payment between the spouses; you can move the slider to test a different division. The reasoning is in how Mississippi divides property, marital and separate property and the Ferguson factors.
Property and alimony
The division comes first and can remove the need for alimony. See the Mississippi alimony calculator.
Property division across Mississippi
The rules apply in every Mississippi chancery court, from Jackson, Gulfport, Southaven, Hattiesburg, Biloxi or Meridian. The IRS lists nine community property states, and Mississippi is not among them.
Frequently asked questions
Is Mississippi a community property state?
No. Mississippi divides marital property equitably under case law. The IRS lists nine community property states, and Mississippi is not among them.
Does Mississippi split property 50/50 in a divorce?
Not by rule. Equitable distribution does not mean equal distribution; the court applies the eight Ferguson factors.
Is an inheritance divided in a Mississippi divorce?
Property acquired by inheritance or gift to one spouse is ordinarily not subject to distribution, absent equitable factors to the contrary.
Does fault matter for Mississippi property division?
Courts should not use equitable distribution to punish a spouse for marital misconduct, though dissipation of assets is a Ferguson factor.
What is the Ferguson case?
Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994), the Mississippi Supreme Court decision that lists the factors for dividing marital property.