The Ferguson Factors in a Mississippi Divorce
Mississippi chancellors divide marital property using the eight Ferguson factors: contribution to the property, dissipation, market and emotional value, assets not ordinarily distributed, tax consequences, eliminating alimony and friction, financial security needs and any other equitable factor.
The eight factors
In Ferguson v. Ferguson, 639 So. 2d 921, 928 (Miss. 1994), the Mississippi Supreme Court gave a non-exclusive list of factors for dividing the marital estate (Mississippi Court of Appeals):
| # | Factor |
|---|---|
| 1 | Substantial contribution to the accumulation of the property, including direct or indirect economic contribution, contribution to family stability and to the spouse’s education or training |
| 2 | Dissipation of marital assets, and any prior distribution by agreement or decree |
| 3 | The market value and the emotional value of the assets subject to distribution |
| 4 | The value of assets not ordinarily subject to distribution, such as premarital property, inheritances and gifts |
| 5 | The tax and economic consequences of the proposed distribution |
| 6 | The extent to which the division can eliminate periodic payments and other sources of future friction |
| 7 | The needs of the parties for financial security, considering combined assets, income and earning capacity |
| 8 | Any other factor that in equity should be considered |
Contribution
Contribution is looked at broadly: a homemaker’s work and child care count with wages, as does helping the other spouse’s education or training and the stability of the family and the quality of the relationship.
Dissipation
Spending, hiding or wasting marital assets is weighed in the division, and any earlier distribution of assets by agreement or decree is taken into account.
Alimony and the division
The sixth factor lets the court use property to eliminate periodic payments, so a larger share of the estate can replace alimony. See the Mississippi alimony calculator.
Evidence to gather
Appraisals, account and retirement statements, tax returns, records of contributions and records of any spending that you contend was wasteful.
Documents to gather
Evidence of each contribution, records of dissipation and appraisals of the main assets.
Next steps
Ask a licensed Mississippi attorney which factors are strongest on your facts, and test shares in the Mississippi property division calculator.
Frequently asked questions
How many Ferguson factors are there?
Eight, a non-exclusive list from the Mississippi Supreme Court.
Does a homemaker count under the Ferguson factors?
Yes. Contribution includes domestic services and child care, not only wages.
Is wasteful spending considered in Mississippi?
Yes. Dissipation of marital assets is a Ferguson factor.
Can property division replace alimony in Mississippi?
It can: the court may use the division to eliminate periodic payments.
Are the Ferguson factors in a Mississippi statute?
No. They come from the Mississippi Supreme Court's decision in Ferguson v. Ferguson.
Official sources
- Mississippi Court of Appeals: the Ferguson factors and equitable distribution
- Mississippi Court of Appeals: Armstrong factors and alimony
- IRS Publication 555: community property states
A local family law attorney can review your situation — many offer a free consultation.
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.