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Ferguson v. Ferguson

Supreme Court of Mississippi
639 So. 2d 921 (1994), En Banc


Facts

Linda Ferguson (plaintiff) and Billy Ferguson, Sr. (defendant) were married for approximately 24 years and had two children, one of whom was a minor at the time of the divorce. During the marriage, Mrs. Ferguson worked as a homemaker and as a cosmetologist/beautician. Mr. Ferguson was a cable repair technician for a local utility. Through his employment, he held pension and stock benefits and a savings and security plan. The couple owned a home, which was subject to two mortgages, on four acres of land. Mrs. Ferguson filed for divorce on the ground of Mr. Ferguson’s adultery. Mr. Ferguson’s mistress testified at trial that Mr. Ferguson had hidden $30,000 so that Mrs. Ferguson could not reach it. The court granted Mrs. Ferguson a divorce and also gave her custody of the minor child, $300 per month in child support, $400 per month in alimony, a lump-sum alimony payment of $30,000, one-half of Mr. Ferguson’s interest in his workplace benefits, and the entire marital home and land debt-free. Mr. Ferguson appealed.

Rule of Law

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Issue

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Holding and Reasoning (Prather, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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