Mississippi Alimony Modification After Divorce

When Mississippi Alimony Can Be Modified

Periodic alimony (monthly payments) in Mississippi can be modified if the requesting party demonstrates a material change in circumstances since the original decree was entered. The Chancery Court has continuing jurisdiction over periodic alimony, meaning either party can petition for a modification at any time — there is no statutory waiting period.

Lump-sum alimony, by contrast, is non-modifiable. If your decree awarded alimony as a fixed total paid in installments, that amount is locked. The court cannot increase, decrease, or terminate lump-sum alimony regardless of what changes in either party's life.

The distinction matters. Read your decree carefully to determine which type you are paying or receiving.

What Counts as a Material Change

Mississippi courts evaluate modification petitions under the Armstrong v. Armstrong factors, asking whether circumstances have changed enough since the original order to make the existing alimony arrangement unreasonable. Common grounds include:

For reducing or terminating alimony:

• The paying spouse lost a job or experienced a significant, involuntary income reduction
• The receiving spouse's income substantially increased (new job, promotion, inheritance)
• The receiving spouse is cohabiting with a new partner in a marriage-like relationship
• The receiving spouse remarried (automatic termination — see below)

For increasing alimony:

• The receiving spouse developed a serious medical condition creating new expenses
• The paying spouse's income substantially increased since the decree
• Cost of living increased to the point that the original amount is inadequate

The burden of proof falls on the party requesting the modification. Voluntary unemployment or underemployment — quitting a job to reduce your obligation — generally does not qualify, and the court may impute income based on your earning capacity.

Remarriage and Cohabitation

Remarriage of the receiving spouse ends periodic alimony in Mississippi, but the paying spouse should file a motion for the court to formally terminate the alimony order rather than stop payments without an order.

Cohabitation is more complicated. Mississippi courts can modify or terminate alimony if the receiving spouse is living with a new partner in a relationship that resembles marriage, but the paying spouse must prove the cohabitation substantially changed the receiving spouse's financial need. Simply living with someone is not automatic grounds — the court examines shared expenses, financial interdependence, and duration.

How to File a Modification Petition

File your petition in the same Chancery Court that issued the original divorce decree. You will need:

• A Petition for Modification of Alimony outlining the material change
• Financial documentation supporting the change (pay stubs, tax returns, medical bills, employment records)
• The filing fee ($148–$158, varies by county)
• Service of process on the other party

Mississippi's Uniform Chancery Court Rule 1.10 requires you to send a Good Faith Letter to the opposing party before filing, offering to resolve the dispute without litigation. The court will ask whether you complied with this requirement.

If you are managing other post-divorce administrative tasks alongside an alimony modification, our Mississippi After-Divorce Checklist helps you track every financial, legal, and identity update so nothing is overlooked while the modification is pending.

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