Mississippi Property Division: How Assets Are Split in Divorce
Mississippi uses equitable distribution to divide marital property. This means assets are divided fairly — but not necessarily 50/50. The court considers multiple factors to decide what's fair in your specific situation.
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In Mississippi, the court divides marital property based on what's fair given the circumstances. Factors include the length of marriage, each spouse's income and earning capacity, contributions to the marriage (including homemaking), age, health, and the standard of living during marriage.
What's typically divided:
- ✓Family home and real estate
- ✓Retirement accounts (401k, pension, IRA) — portions earned during marriage
- ✓Bank accounts, investments, and stock options
- ✓Vehicles, furniture, and personal property
- ✓Business interests and professional practices
- ✓Debts incurred during marriage (credit cards, loans, mortgage)
What Stays Yours: Separate Property
Not everything gets divided. Separate property typically includes:
Property owned before marriage
Assets you brought into the marriage remain yours — as long as you kept them separate and didn't commingle them.
Gifts and inheritances
A gift or inheritance given specifically to one spouse remains separate property, even if received during the marriage.
Property after separation
In Mississippi, income and assets acquired after the date of separation are generally separate property.
Complicated Assets
The family home
Options include: one spouse buying the other out, selling and splitting proceeds, or deferred sale (common with young children). The court considers each spouse's need for the home, especially if children are involved.
Retirement accounts
Only the portion contributed during marriage is marital property. A Qualified Domestic Relations Order (QDRO) is needed to divide retirement accounts without tax penalties.
Commingled assets
If separate property was mixed with marital funds (e.g., depositing an inheritance into a joint account), tracing the separate portion requires detailed records and often a forensic accountant.
Mississippi-Specific Rules
- ✓12 fault-based grounds plus no-fault
- ✓No-fault requires both parties to agree
- ✓Adultery still criminal (rarely enforced)
Every situation is different
Tell our AI advisor about your assets — house, retirement, business, investments — and get a clear picture of how property division likely works in Mississippi.
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Legal Disclaimer: This article covers Mississippi divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed Mississippi family law attorney for advice specific to your situation.