Updated January 30, 2024
A Mississippi separation agreement is a contract between spouses that sets the terms of how certain rights and obligations will be assigned when they no longer wish to live together as a married couple.
Mississippi does not recognize separation as a distinct legal status. Couples may create contracts that set out terms regarding child custody, division of property, and more, but it is not clear that these will be enforceable outside of a divorce proceeding if the couple disagrees. Mississippi recognizes separate maintenance, an alternative to divorce in which a couple remains married, but a judge can order the payment of spousal and child support.
Is a Separation Agreement Legal in Mississippi?
Yes, but courts do not recognize separation as a distinct legal status. Couples can write separation agreements on their own, or petition a court for an order for an order for alimony.[1]
Legal Separation Requirements
- Filing Fee: Varies by county; in Jackson County $158 (Separate Maintenance), in De Soto County $161 (Civil)
- Residency: At least one of the parties must have been a resident for at least six months prior to filing.[2]
- Where to File: With the Chancery Court in the district containing the county where one of the spouses resides.
Related Forms
Download: PDF, MS Word, OpenDocument
Download: PDF, MS Word, OpenDocument