Along with custody disputes, the division of marital property is often a source of contention for many couples seeking divorce. Depending on the duration of the marriage, the amount of property acquired will fluctuate. But generally, the longer the marriage, the more property or "stuff" is acquired. One of the most common questions I get when a client comes to me seeking a divorce is: "What's going to happen with all my stuff?" The simple answer is whatever is classified as marital property will be "equitably" divided, while non-marital property is treated as separate property belonging to the titled spouse.
Since 1994, in divorce cases, Mississippi chancery courts have applied the doctrine of equitable distribution when dividing marital property. See Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994). Thus, when it comes to property division, Mississippi is not a "community-property" state whereby all of the divorcing spouses' assets, regardless of whether they were acquired during the marriage or not, are divided equally (50/50) upon divorce. Carter v. Carter, 98 So. 3d 1109, 1113 (Miss. Ct. App. 2012). Instead, Mississippi is what is called an "equitable distribution" state.