for the Court:
¶ 1. Martin and Star Pierce were married in Mississippi on October 8, 2000, and divorced by order of a Washington state court on July 24, 2007. Because the Washington court lacked personal jurisdiction over Star, it did not divide the parties’ assets. Subsequently, Martin brought an action in the Second Judicial District of the Chancery Court of Harrison County requesting sale of the parties’ Biloxi home and determination of the parties’ financial obligations incurred during the marriage. Star filed a counterclaim requesting equitable distribution of the marital assets, alimony, and attorney’s fees. The chancellor equitably divided the parties’ assets and awarded Star alimony and attorney’s fees. Martin appealed the chancellor’s judgment, and the Court of Appeals reversed the property division and remanded for further proceedings.
¶ 2. On remand, Martin raised two jurisdictional challenges for the first time. First, he argued that the Washington judgment was res judicata as to Star’s claims for equitable distribution and alimony; therefore, the chancery court lacked subject-matter jurisdiction to divide the parties’ assets. Second, he argued that, because he never consented to the chancery court’s jurisdiction, the chancery court lacked personal jurisdiction to divide his military retirement benefits under the Federal Uniformed Services Former Spouse Protection Act (FUSFSPA). See 10 U.S.C.A. § 1408(c) (2006). The chancery court found that it had subject-matter jurisdiction to divide the parties’ assets and personal jurisdiction over Martin under the FUSFSPA. The chancery court ordered the sale of the marital home, with the equity to be divided equally between the parties, and awarded Star a pro rata share of Martin’s military retirement accumulated during the marriage, half of Martin’s thrift savings plan accumulated during the marriage, rehabilitative alimony, and attorney’s fees. Martin renews his jurisdictional arguments on appeal and challenges the property division and award of rehabilitative alimony. He argues he was entitled to attorney’s fees and that the chancellor should have denied Star’s request for attorney’s fees as a sanction.
¶ 3. We find that, because the Washington court lacked personal jurisdiction over Star and had no authority to divide the parties’ assets, its judgment had no res judicata effect on property division, and the chancery court had subject-matter jurisdiction to equitably divide the parties’ property. We also find that Martin consented to the personal jurisdiction of the chancery court under the FUSFSPA by making a general appearance and trying the issue of property division through appeal without ever challenging personal jurisdiction. We further find that the chancellor did not abuse his discretion in equitably dividing the parties’ assets and in awarding Star rehabilitative alimony. We find that Martin was not entitled to attorney’s fees and his sanctions argument is procedurally barred. Therefore, we affirm.
FACTS
¶ 4. When Martin and Star were married, Martin was enlisted in the United States Navy. During the marriage, the Navy stationed Martin at several locations around the country, and he attended sev
¶ 5. Beginning in 2001, Martin was stationed in Fallon, Nevada, for three years, where he lived with Star and Kayla. After two years, Star decided to move back to Mississippi with Kayla. She testified that she moved because she needed a hysterectomy and needed to be closer to medical providers. Martin testified that Star returned to Mississippi because she was homesick and missed her family. The parties never lived together again after Star’s move to Mississippi. After Star’s hysterectomy, they bought a home in Biloxi. Star and Kayla lived in the home, and Martin, now stationed in Jacksonville, Florida, visited on weekends. Although the home was titled in the names of Martin and Star, Martin paid the mortgage and all other household expenses.
¶ 6. In 2005, Martin was transferred to Whidbey Island, Washington. Shortly thereafter, he was deployed to Japan for six months and then returned to Whidbey Island. In May 2006, Martin called Star and said he wanted a divorce. The parties agree that May 2006 was the date of separation. After the separation, Martin continued sending Star money for household expenses. Once Martin had established residency in Washington, he filed for divorce. Martin served Star with process, but she did not appear in the Washington proceeding. On July 24, 2007, the Washington court granted the divorce. The court declined to consider property division, stating “[s]ince the court does not have personal jurisdiction over [Star], the court cannot make any award of property or debts.”
¶ 7. On January 11, 2008, Martin filed a “Complaint to Adjudicate Real and Personal Property Rights and for Eviction of the Defendant” in the Second Judicial District of the Chancery Court of Harrison County. Martin asserted that he and Star had been divorced by order of a Washington court and attached a copy of the Washington divorce decree. Martin requested right, title, and possession of the marital home, that he be permitted to enter the home and recover his personal property, that the court determine the parties’ marital debt obligations, and that the court order Star to pay for any damage to the home. Star filed an answer and counterclaim for equitable distribution. She requested, inter alia, an equitable share of the marital assets, possession and title of the marital home, periodic and lump-sum alimony, an order for Martin to pay all marital debts, a pro rata share of Martin’s military retirement, to be named as the beneficiary of his Survivor’s Benefits Annuity, and reasonable attorney’s fees.
¶ 8. A hearing occurred on September 25, 2008. Martin testified that he had remarried on November 15, 2007. Although he met his current wife when deployed to Japan, he testified that they did not engage in sexual relations until after his separation from Star in May 2006. Star testified that she worked as a substitute teacher and a cashier at McDonald’s. Star maintained that her illnesses prevent
¶ 9. Martin appealed. He argued that the chancellor’s equitable distribution excessively rewarded Star and constituted an abuse of discretion, that the chancellor had abused his discretion by awarding Star periodic alimony, and that the chancellor erroneously had awarded Star the marital home contingent on a child-related event. The Court of Appeals found that the chancellor did not manifestly err “in considering the parties’ earning capacities and future needs” and that the award of attorney’s fees was reasonable. Pierce v. Pierce,
¶ 10. A second hearing occurred before the chancellor on May 7-8, 2012. Star testified that she continued to suffer from illnesses which hade prevented her from working full-time. She testified that her doctors had advised that her conditions would get worse and that she should seek disability. She testified that she had quit working entirely to qualify for disability, and that her sources of income included food stamps and money from her mother and churches. Star did not produce any medical testimony supporting her claim that she could not work and had been advised to seek disability. She testified that her disability application had been denied, and that she was awaiting a decision on appeal. Martin testified that, since the chancery court’s original judgment, he had paid more than $78,000 in alimony and mortgage payments. He admitted that he had ceased paying Star alimony or consistently making the mortgage payments since the Court of Appeals’ August 24, 2010, judgment reversing the alimony award.
¶ 11. The chancellor concluded that Star refused to work and that Martin was the sole party with earning capacity. The chancellor ordered that the marital home be sold, with the net proceeds to be divided equally. The chancellor also awarded Star half of the funds in the thrift savings plan accrued during the marriage and half of Martin’s military retirement benefits accrued during the marriage. The chancellor awarded Star $500 per month in rehabilitative alimony for sixty months and reasonable attorney’s fees.
¶ 12. This Court will not disturb the decision of a chancellor that is supported by substantial evidence unless the chancellor’s decision was manifestly wrong, clearly erroneous, or an incorrect legal standard was applied. Rogillio v. Rogillio,
LAW AND ANALYSIS
I. WHETHER THE CHANCERY COURT HAD SUBJECT-MATTER JURISDICTION TO PERFORM EQUITABLE DISTRIBUTION AND AWARD ALIMONY.
¶ 13. With his first and third issues, Martin seeks to use the Washington divorce decree as a shield against Star’s counterclaims for equitable distribution and alimony. Martin contends that, because Star was personally served with process in the Washington divorce action but failed to participate in that action, the divorce decree was res judicata as to Star’s claims for equitable distribution and alimony and the chancellor lacked subject-matter jurisdiction over the claims. Martin contends that a Mississippi court cannot determine property division or alimony outside of a divorce proceeding unless the Mississippi court granted the divorce and retained jurisdiction.
¶ 14. This case presents the question of whether a foreign divorce decree will bar litigation of property division and alimony in a separate action in this state. The doctrine of res judicata “bars all issues that might have been (or could have been) raised and decided in the initial suit, plus all issues that were actually decided in the first cause of action.” Little v. V & G Welding Supply, Inc.,
¶ 15. Two cases with facts strikingly similar to the instant case dictate the conclusion that the Washington divorce decree did not bar the chancery court’s adjudication of property division and alimony. In Weiss v. Weiss,
¶ 16. The Court of Appeals addressed this issue in further detail in Lofton v.
¶ 17. The husband appealed, arguing that, because the wife had not pursued her alimony claim in the Florida action, the Florida divorce decree operated as res judicata to the claim. Id. The Court of Appeals cited Estin v. Estin,
¶ 18. The Court of Appeals held that, under Florida law, the Florida court had lacked personal jurisdiction over the wife because she had not generally appeared in the action. Id. at 603. Therefore, while the husband’s residence in Florida had enabled the Florida court to grant a divorce, the court’s lack of personal jurisdiction over the wife prevented its adjudication of personal rights, such as property division and alimony. Id. at 601-04. Because the Florida court had lacked personal jurisdiction over the wife, its judgment was not res judicata as to her alimony claim. Id. at 604.
¶ 19. Turning to the instant case, the parties do not dispute that the Washington court had subject-matter jurisdiction to grant Martin a divorce. See Williams v. North Carolina,
II. WHETHER THE CHANCERY COURT HAD PERSONAL JURISDICTION TO DIVIDE MARTIN’S MILITARY RETIREMENT BENEFITS UNDER THE FUSFSPA.
¶ 20. The chancery court awarded Star half of the military retirement
¶ 21. Section 1408(c)(4) of the FUSFS-PA imposes the following jurisdictional limitations:
A court may not treat the disposable retired pay of a member in the manner described in paragraph (1) unless the court has jurisdiction over the member by reason of (A) his residence, other than because of military assignment, in the territorial jurisdiction of the court, (B) his domicile in the territorial jurisdiction of the court, or (C) his consent to the jurisdiction of the court.
10 U.S.C.A. § 1408(c)(4) (2006). It is undisputed that Martin neither resides, nor is domiciled, in Mississippi and that the sole route to personal jurisdiction over Martin is a finding that he consented to jurisdiction under subsection (C). The chancery court found that Martin had consented to jurisdiction by filing his complaint.
¶ 22. This Court has not squarely addressed the issue of what acts constitute consent to personal jurisdiction under Section 1408(c)(4). Other states have held that consent by a military spouse may be express or implied, and that a general appearance coupled with a failure to timely object to personal jurisdiction constitute implied consent under Section 1408(c)(4)(C). Judkins v. Judkins,
¶ 23. Characterizing his complaint as one for partition, Martin argues that his invocation of the jurisdiction of the chancery court was limited to his claim for sale of the house and he did not consent to personal jurisdiction for Star’s counterclaim for equitable distribution of his military benefits. Martin is incorrect. It is well-established “that by filing suit a plaintiff automatically waives any objections he might otherwise have on grounds of personal jurisdiction to counterclaims presented against him in the suit.” Sweetheart Plastics, Inc. v. Illinois Tool Works, Inc.,
III. WHETHER THE CHANCELLOR ERRONEOUSLY AWARDED STAR HALF THE EQUITY IN THE MARITAL HOME AND ALIMONY.
¶ 24. Martin argues that the chancellor erred by ordering the parties to split the equity in the marital home after its sale and in awarding Star alimony.
A. Equitable distribution
¶ 25. Pursuant to Ferguson v. Ferguson, the chancellor must equitably divide the marital property using the following guidelines, if applicable:
1. Substantial contribution to the accumulation of the property. Factors to be considered in determining contribution are as follows:
a. Direct or indirect economic contribution to the acquisition of the property;
b. Contribution to the stability and harmony of the marital and family relationships as measured by quality, quantity of time spent on family duties and duration of the marriage; and
c. Contribution to the education, training or other accomplishment bearing on the earning power of the spouse accumulating the assets.
2. The degree to which each spouse has expended, withdrawn or otherwise disposed of marital assets and any prior distribution of such assets by agreement, decree or otherwise.
3. The market value and the emotional value of the assets subject to distribution.
4. The value of assets not ordinarily, absent equitable factors to the contrary, subject to such distribution, such as property brought to the marriage by the parties and property acquired by inheritance or inter vivos gift by or to an individual spouse;
5. Tax and other economic consequences, and contractual or legal consequences to third parties, of the proposed distribution;
6. The extent to which property division may, with equity to both parties, be utilized to eliminate periodic payments and other potential sources of future friction between the parties;
7. The needs of the parties for financial security with due regard to the combination of assets, income and earning capacity; and,
8. Any other factor which in equity should be considered.
Ferguson v. Ferguson,
¶ 26. The chancellor made findings on each Ferguson factor before dividing the marital assets. Under the first factor, the chancellor found that Star had not worked outside the marital home or pursued an education and had not contributed financially to the accumulation of marital assets. However, the chancellor applied the presumption that a nonworking spouse contributes equally to the accumulation of marital assets. See Hemsley v. Hemsley,
¶ 27. After making these detailed findings, the chancellor awarded Star half the equity in the home upon its sale, estimated at $8,000 to $9,000. The chancellor awarded Star half of Martin’s military retirement benefits accumulated during the marriage, noting that the value could not be calculated, and that Martin’s receipt of retirement benefits is conditional upon his completing twenty years of service, which may not occur. The chancellor also awarded Star $7,000, which was half the funds in Martin’s thrift savings plan accumulated during the marriage.
¶ 28. “In reviewing a chancellor’s judgment, this Court does not conduct a Ferguson analysis anew, but reviews the judgment to ensure that the chancellor followed the appropriate standards and did not abuse his discretion.” Phillips v. Phillips,
B. Alimony
¶ 29. Martin also argues that, because Star’s testimony about her ailments was not credible, the chancellor abused his discretion in awarding her rehabilitative alimony. Rehabilitative alimony “is an equitable mechanism which allows a party needing assistance to become self-supporting without becoming destitute in the interim.” Hubbard v. Hubbard,
¶ 30. Under Armstrong v. Armstrong, the chancellor must consider the following factors in determining whether alimony should be awarded:
1. The income and expenses of the parties;
2. The health and earning capacities of the parties;
3. The needs of each party;
4. The obligations and assets of each party;
5. The length of the marriage;
6. The presence or absence of minor children in the home, which may require that one or both of the parties either pay, or personally provide, child care;
7. The age of the parties;
8. The standard of living of the parties, both during the marriage and at the time of the support determination;
9. The tax consequences of the spousal support order;
10. Fault or misconduct;
11. Wasteful dissipation of assets by either party; or
12. Any other factor deemed by the court to be “just and equitable” in connection with the setting of spousal support.
Armstrong v. Armstrong,
¶ 31. Applying the Armstrong factors, the chancellor found Martin’s monthly net income to be $5,914, and Star’s to be $367 in food stamps, plus sporadic donations from her mother and churches. The chancellor found that Star’s mother paid her car note. The chancellor found Martin’s monthly expenses to be $6,150,86, including the mortgage payment on the marital home, which was to be sold. Star’s expenses were $1,170 per month, not including the mortgage payment on the marital home. The chancellor found that, because Star possessed only a high-school edu
¶ 32. Martin argues that the chancellor abused his discretion in awarding rehabilitative alimony, because Star’s testimony about her ailments was not credible. He points to a 2011 colonoscopy record that was admitted into evidence showing no evidence of Crohn’s disease. On cross-examination, Star admitted that her doctors had said her Crohn’s disease was in remission, but that she still takes medication for it. Martin argues that Star’s pharmacy records show no prescriptions for that medication. However, Star testified that she received samples of the medication from her physicians because its cost was not covered by Medicaid. Martin argues that this testimony was not credible because, when confronted with Medicaid information showing the medication was covered, Star had no explanation. Martin also disputes Star’s testimony that she had endometriosis, arguing that no endome-triosis should have been present after Star’s hysterectomy.
¶ 33. In his order, the chancellor recognized that Star admitted her 2011 colonos-copy had shown no evidence of Crohn’s. The chancellor further recognized that Star had not proven she was unable to work. The chancellor found that Star had chosen not to work to pursue disability. Star had a high-school education and had not worked during the seven-year marriage. After the divorce, Star had performed part-time, unskilled, minimum-wage jobs. Star testified that, if the marital home was sold, she would have to move in with her mother. Both parties testified about Star’s ailments and treatment for those ailments during the marriage. Obviously, the chancellor balanced the evidence that Star suffered from ailments of which Martin had been aware before the marriage with the fact that Star had failed to prove she was unable to work in deciding not to adopt the original periodic alimony award, but instead awarding rehabilitative alimony. We find that the rehabilitative alimony award was not an abuse of discretion.
IV. WHETHER MARTIN IS ENTITLED TO ATTORNEY’S FEES AND COSTS AND WHETHER THE CHANCELLOR SHOULD HAVE SANCTIONED STAR BY DENYING HER REQUEST FOR ATTORNEY’S FEES.
¶ 34. The chancellor found that Star was unable to pay her attorney’s fees. After considering the appropriate factors under McKee v. McKee,
¶ 35. This Court already has determined that the chancery court had subject-matter jurisdiction to perform an equitable distribution. The chancellor’s order for the house to be sold was part of the equitable distribution. Therefore, the partition statutes have no applicability to this case, and Martin was not entitled to attorney’s fees under Section 11-21-31. We note that, while Martin requested attorney’s fees in his complaint, Martin’s complaint does not mention partition, cite any partition statute, or request attorney’s fees pursuant to a partition. Rather, his complaint requested sale of the marital home and a .determination of the parties’ joint debt obligations from the marriage. Although Martin deems this a partition action in his briefs before this Court, in his first appeal, Martin characterized his complaint as one for equitable distribution.
¶ 36. Martin argues that the chancellor should have sanctioned Star under the Litigation Accountability Act because she misrepresented her financial status to the -court. Specifically, Martin argues that the second hearing was when Star first admitted that she had removed $9,000 from the parties’ joint savings account after Martin had told her he wanted a divorce. Martin contends that, at the first hearing, Star withheld the fact that she had $9,000 with which to pay her attorney. He argues that, when this information was revealed at the second hearing, the chancellor should have sanctioned Star by denying her request for attorney’s fees.
¶ 37. Martin’s argument is procedurally barred, because he never raised it before the chancery court. “Issues raised for the first time on appeal are procedurally barred.” McNeese v. McNeese,
CONCLUSION
¶ 38. The chancery court had subject-matter jurisdiction to perform an equitable distribution and award alimony. Because Martin consented to jurisdiction, the chancery court had personal jurisdiction over Martin under the FUSFSPA to equitably divide his military retirement benefits. The chancery court’s equitable distribution and award of rehabilitative alimony did not constitute an abuse of discretion. Finally, Martin was not entitled to attorney’s fees under the partition statute, and his sane-
¶ 39. AFFIRMED.
Notes
. According to Mississippi Code Section 11-21-31, "[i]n all cases of the partition or sale of property for division of proceeds, the court may allow a reasonable attorney's fee to the attorney or the plaintiff, to be taxed as a common charge on all the interests, and to be paid out of the proceeds in case of a sale, and to be a lien on the several parts in case of partition.” Miss.Code Ann. § 11-21-31 (Rev. 2004).