Mississippi is an equitable distribution state. The court divides marital property fairly based on statutory factors under Ferguson v. Ferguson, 639 So.2d 921 (Miss. 1994). See how your assets may be divided.
Calculate Your Property Division →$39 one-time · No account needed · Report by email in 5 minutes
Equitable Distribution
Property System
Equitable
Default Split
Ferguson v. Ferguson, 639 So.2d 921 (Miss. 1994)
Primary Statute
6-month bona
Min. Residency
Mississippi is an equitable distribution state, meaning the court divides marital property in a way that is fair but not necessarily equal. Under Ferguson v. Ferguson, 639 So.2d 921 (Miss. 1994), the judge has discretion to consider multiple factors when determining an appropriate division.
While a 50/50 split is common starting point, the court may award a disproportionate share to one spouse based on factors such as the length of the marriage, each party's economic circumstances, contributions to the marriage (including homemaking), and the needs of any children.
Only marital property is subject to division. Separate property — typically assets owned before the marriage, gifts, and inheritances — is generally excluded from the marital estate, though the rules for commingling and transmutation vary.
Primary statute: Ferguson v. Ferguson, 639 So.2d 921 (Miss. 1994)
Ferguson v. Ferguson (1994) CREATED equitable distribution in Mississippi. Before 1994, MS was a "title theory" state. Homemaker contribution PRESUMED EQUAL to wage-earner (rebuttable). No 50/50 presumption. Fault is a factor under Ferguson factor 8.
The classification of property as separate or marital is often the most contested issue in divorce proceedings. Commingling of separate and marital funds can transform the character of an asset, making it partially or entirely subject to division. Proper tracing documentation is essential to protect separate property claims.
Substantial contribution to accumulation of marital property (homemaker presumed equal)
Use or disposition of marital assets
Market and emotional value of assets subject to distribution
Value of assets not ordinarily subject to distribution (separate property context)
Tax and other economic consequences of the distribution
Extent to which property division may eliminate the need for periodic alimony
Needs of the parties for financial security with due regard to future needs
Any other factor that in equity should be considered
Ferguson v. Ferguson, 639 So.2d 921 (Miss. 1994) created equitable distribution — MS was title-theory before 1994.
Homemaker contribution PRESUMED EQUAL to wage-earner contribution (rebuttable).
NO 50/50 presumption — equitable based on 8 Ferguson factors.
Fault is a factor in property division under Ferguson factor 8.
Enter your assets, debts, and situation. Get a personalized property division estimate based on Mississippi law.
Mississippi Child Support Calculator
Percentage of obligor adjusted gross income under Miss. Code §43-19-101
Mississippi Spousal Support Calculator
Factor-based under Miss. Code §93-5-23; Armstrong v. Armstrong (Miss. 1993)
Mississippi Divorce Settlement Calculator
Complete 8-chapter divorce analysis for Mississippi
Mississippi is a equitable distribution state. No 50/50 presumption — equitable distribution based on 8 Ferguson factors. The primary statute governing property division is Ferguson v. Ferguson, 639 So.2d 921 (Miss. 1994). The court considers multiple statutory factors to determine a fair (but not necessarily equal) division of marital property.
Ferguson v. Ferguson (1994) CREATED equitable distribution in Mississippi. Before 1994, MS was a "title theory" state. Homemaker contribution PRESUMED EQUAL to wage-earner (rebuttable). No 50/50 presumption. Fault is a factor under Ferguson factor 8.
No. Mississippi is an equitable distribution state, which means the court divides marital property fairly but not necessarily equally. The judge considers multiple statutory factors to determine what is equitable in each case.
Mississippi has several unique features: Ferguson v. Ferguson, 639 So.2d 921 (Miss. 1994) created equitable distribution — MS was title-theory before 1994. Homemaker contribution PRESUMED EQUAL to wage-earner contribution (rebuttable).
Get a personalized property division analysis based on Mississippi's equitable distribution laws.
Start My Free MississippiEstimate →This tool provides educational estimates based on Mississippi equitable distribution law and does not constitute legal advice. Property division calculations are estimates and actual court outcomes may vary. Consult a licensed Mississippi family law attorney before making decisions. Primary statute: Ferguson v. Ferguson, 639 So.2d 921 (Miss. 1994).