The Better Chancery Practice Blog

I argued with sporadic success when I was in practice that the court should consider the amount of temporary spousal support paid when making its final determination of equitable distribution. It’s only logical, when you think about it. The paying spouse is having to defer further accumulation of wealth to support the other, and, in some cases, is required to deplete a separate estate to do so. Many divorce cases take months, even years, to come to trial, and the payments for temporary support do mount up. 

So what is the likelihood that you can prevail with such an argument?

A case you can cite for authority is Wells v. Wells, 35 So.3d 1250, 1258 (Miss.App. 2010). In that case, the chancellor had considered in her Ferguson analysis under “Any Other Factors That Should be Considered” the fact that the husband had paid the wife over $80,000 a year since the temporary judgment, including $1,500 a month in temporary alimony, and $650 a month as a grocery allowance. The COA affirmed the chancellor’s division of the marital estate, concluding that “We cannot find that the chancellor’s division was clearly erroneous. The Ferguson factors were thoroughly considered, and the division was made in such a way as to eliminate alimony.”

An arrow you might want to have in your quiver next time you’re looking to score a bullseye for your client.

Tagged: temporary alimony, temporary support equitable distribution