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Ferguson v. Ferguson

Law Dictionary

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Family Law Keyed to Weisberg

Citation. Ferguson v. Ferguson, 639 So. 2d 921, 1994 Miss. LEXIS 352 (Miss. July 7, 1994)

Brief Fact Summary. Wife procured a divorce from husband, and was awarded various property and alimony. Husband challenged the ruling on the chancery court in that it did not abide by the separate property system.

Synopsis of Rule of Law. Under equitable distribution, the court considers both financial and non-financial contributions from both parties to a divorce, with the focus being on fairness.

Facts. Linda and Billy Ferguson were married in 1967 and separated in 1991. They had two children, and during the marriage Linda worked as both a homemaker and a cosmetologist/beautician. Billy worked as a cable repair technician for South Central Bell. The chancellor awarded Linda a divorce on the basis of Billy’s adultery. The chancellor awarded her custody of the 14-year-old son, $300 a month in child support, the marital home and its contents, four acres of land comprising the homestead with title to the marital home to be divested from Billy and vested in Linda, debt free; one-half interest in Billy’s pension plan, stock ownership plan, and savings and security plan; and periodic alimony in the amount of $400 per month and lump sum alimony in the sum of $30,000 to be paid at the rate of $10,000 annually. Billy appealed.

Issue. Did the chancery court err by equitably distributing the marital property rather than following the separate property system?

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