Q: Need to know ballpark of the % of income/guide (MS) usually used to determine divorce settlement to know what’s next.
I know there is no standard guide in Mississippi hence the question, but surely there’s an average the court often uses here. Has proposed amt, if is way off I hire Atty if not I don’t need to.
A: Division of assets in a divorce action in Mississippi is governed by caselaw such as Ferguson v. Ferguson. You will not find an average percentage used to divide assets. The Court takes into account such things as when and how the property was acquired, who maintained the property, how was the property used, was it converted from separate property to marital property. If the property is a business, the Court will look at how and when it was formed, did both spouses work in the business, did one spouse take care of the household so that the other spouse could grow the business, etc. If you are attempting to divide assets and are unsure about the fairness of the proposal, you should hire an attorney. It is not as simple as multiplying the value of the marital estate by a percentage amount.
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