Mississippi Property Division: Equitable, Not Equal

Mississippi is an equitable distribution state: the chancellor classifies each asset as marital or non-marital, values it, divides the marital assets by the eight Ferguson factors, and only then decides on alimony, with no fixed percentage.

Equitable, not community property

The IRS describes the nine community property states in Publication 555: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Mississippi is not one of them. Chancellors divide the marital estate under the framework of Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994), within the discretion the divorce statute gives them to make orders that “seem equitable and just” (Miss. Code 93-5-23).

The four steps

Equitable division involves four steps: (1) the court classifies each asset as marital or non-marital; (2) it determines the value of each asset based on the proof, which may require appraisals; (3) it divides the marital assets equitably using the Ferguson factors; and (4) it turns to the Armstrong factors to decide whether alimony is appropriate after the division (Mississippi Court of Appeals).

Equitable is not equal

The division must be fair considering all the factors; an equal division is not required, and a division far from equal can be affirmed when the chancellor addresses every factor and explains it.

Not a punishment

Chancellors should not use equitable distribution to punish an offending spouse for marital misconduct. Dissipation of marital assets is a separate factor.

Property can replace alimony

One Ferguson factor is the extent to which the division can be used, with equity to both parties, to eliminate periodic payments and other sources of future friction. See the Mississippi alimony calculator.

Documents to gather

Deeds, titles, account and retirement statements, loan balances, tax returns and business records.

Test a split

The Mississippi property division calculator starts at an equal share and lets you test other shares and the payment each one implies.

Frequently asked questions

Is Mississippi an equitable distribution state?

Yes. Marital property is divided equitably using the Ferguson factors.

Can a Mississippi court divide property unequally?

Yes. Equitable does not mean equal.

What are the steps in a Mississippi property division?

Classify, value, divide by the Ferguson factors, then consider alimony.

Is fault a factor in Mississippi property division?

Courts should not use the division to punish misconduct, but dissipation of assets is a factor.

Which court divides property in Mississippi?

The chancery court, in the divorce.

Official sources

Going through a divorce or custody case in Mississippi?

A local family law attorney can review your situation — many offer a free consultation.

Talk to a Mississippi attorney

This is general information, not legal advice. It is based on the cited Mississippi statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Mississippi attorney.