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Legal Separation in Mississippi. Mississippi does not recognize legal separation, so spouses who no longer wish to live together must file either divorce or Separate Maintenance. In Separate Maintenance, the court determines child custody, insurance, debts and the use of the home and vehicles.
As long as you are living apart, and abide by any legal agreements, dating while separated is legal. However, dating while separated may have emotional implications that may impact the quality of life for your entire family for years to come.
If you and your spouse resume living together as a couple after signing a separation agreement, the law permits the court to void the agreement. However, if your separation agreement includes a reconciliation provision that says it will remain in effect after reconciliation, the court will honor it.
Financial Disclosures. Mississippi is the only state that awards property to the person whose name is on the title. If only one persons name is on the title to a car or the house, it goes to that person. However, the court does have the flexibility to divide assets fairly and equitably.
Mississippi law defines two types of alimony, lump sum and periodic payment. Lump sum alimony is a fixed and final dollar amount paid either in a single payment or over a period of time. The court cannot later modify the amount, nor does the death or remarriage of either spouse affect it.
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For example, if a spouse places his or separate funds into a joint bank account and those funds are mixed with marital funds that both spouses have access to and permission to use, then Mississippi courts will generally classify all funds in that bank account as marital property.
Marital Property and Division of Assets Since 1994, Mississippi has been an equitable distribution state. This means that marital property is divided fairly and equitably, but not always in a 50/50 split. Chancery courts must first decide which assets are marital and which are separate.
Mississippi courts presume that all property a couple accumulates during marriage is marital property. Property one spouse brings into the marriage or acquires by gift or inheritance is that spouses separate property, provided the claiming spouse can demonstrate ownership with financial records or other documents.
Marital Property and Separate Property On the other hand, property that you owned before the marriage is separate property and is normally not subject to division. There are some exceptions to the marital property rule: things like inheritance, gifts, and in some cases 401Ks are considered separate property.
A separation agreement must be entered into freely, fairly and voluntarily. If it can be proven that there were physical, verbal or psychological threats during the negotiating and signing of the terms, the agreement may be thrown out by the Courts.

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