## Facts

- Billy Cleveland Ferguson, Sr. and Linda Carr Ferguson married in 1967, separated in 1991, and had two children; one was a minor at divorce.
- Linda filed for divorce in the Chancery Court of Newton County on the ground of Billy’s adultery; Billy counterclaimed for divorce based on habitual cruel and inhuman treatment.
- During the marriage, Linda contributed as a homemaker and as a cosmetologist; Billy worked as a cable repair technician and accrued employment-related pension and other benefit plans.
- The parties owned a marital home on four acres, encumbered by mortgages, along with personal property.
- Evidence indicated Billy concealed assets, including testimony that he hid approximately $30,000 to prevent Linda’s access.
- The chancery court granted Linda a divorce for adultery, denied Billy’s counterclaim, awarded Linda custody and $300/month child support, awarded her the home and contents and four acres debt free, granted her one-half interests in Billy’s pension/stock/savings plans, and ordered $400/month periodic alimony plus $30,000 lump-sum alimony payable over three years.
- Billy appealed, challenging the divorce ruling and the property and alimony awards.

## Issues

1. Whether a Mississippi chancery court may equitably divide marital assets at divorce rather than returning property based strictly on title.
2. What standards should govern classification, valuation, and distribution of marital property, including retirement-related benefits, within an equitable distribution approach.
3. Whether the chancery court’s property division and related alimony package was adequately supported and structured under the governing equitable distribution analysis.

## Decision

- The Supreme Court of Mississippi affirmed the grant of divorce to Linda on adultery grounds and affirmed custody and child support.
- The court held that chancery courts have authority incident to divorce to order a fair division of property accumulated through the parties’ joint contributions and efforts, endorsing equitable distribution over rigid title-based outcomes.
- The court reversed and remanded the marital property division and related alimony awards for reevaluation using newly articulated equitable distribution guidelines.

## Legal Principles

- Marital property division in divorce is governed by equitable distribution, focusing on fairness and considering both financial and non-financial contributions by each spouse.
- In dividing marital assets, chancellors should evaluate: (1) each spouse’s substantial contribution to accumulation of property (direct and indirect); (2) market and emotional value of assets; (3) tax and other economic consequences; (4) the parties’ needs for financial security and support; and (5) other equitable factors, including waste or concealment of assets.
- Property division, lump-sum alimony, periodic alimony, and child support are interrelated and should be considered together as part of a single equitable financial arrangement.
- Equitable distribution guidelines structure, but do not eliminate, the chancellor’s discretion; meaningful findings and reasoning must support the overall allocation.

## Conclusion

The Mississippi Supreme Court confirmed chancery authority to equitably divide marital property and established guiding factors for doing so, affirming the divorce, custody, and child support rulings but remanding the property division and related alimony awards for reconsideration under the new equitable distribution framework.


Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994)