TRIAL BY CHECKLIST: LUMP SUM ALIMONY

August 31, 2010 § 9 Comments

A practice tip about trial factors is here. 

The factors that the trial court must consider in making an award of lump sum alimony are:

  1. Substantial contribution to accumulation of the marital assets by quitting work or assisting in the business;
  2. A long marriage;
  3. Financial disparity;
  4. Other considerations, including payor’s assets and payor’s stability or instability.

Cheatham v. Cheatham, 537 So.2d 435, 438 (Miss. 1988).   NOTE:  these factors predated Armstrong (periodic alimony) by five years, and the Armstrong factors essentially overlap these.  It may be preferable to cover all of the Armstrong factors coupled with a specific request for lump sum alimony as well as periodic or rehabilitative.

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