TRIAL BY CHECKLIST: SEPARATE MAINTENANCE

September 20, 2010 § 8 Comments

A practice tip about trial factors is here.

In the case of Shorter v. Shorter, 740 So.2d 352, 357 (Miss. 1999), the Mississippi Supreme Court stated that six criteria must be considered in setting awards of separate maintenance: 

  1. The health of the husband and the wife;
  2. Their combined earning capacity;
  3. The reasonable needs of the wife and children;
  4. The necessary living expenses of the husband;
  5. The fact that the wife has free use of the home and furnishings; and
  6. Other such facts and circumstances.

Also see, Honts v Honts, 690 So.2d 1151, 1153 (Miss. 1997).

While an award of separate maintenance should provide for the wife as if the couple were still cohabiting, the allowance should not “unduly deplete the husband’s estate.” Kennedy v. Kennedy, 662 So. 2d 179, 181 (Miss. 1995) (quoting Thompson v. Thompson, 527 So. 2d 617, 622 (Miss. 1988)).

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