Alimony, also called spousal support, is an amount of money awarded by the court from one spouse to the other as continuing support after the marriage has ended. Under the family laws of New Mexico, alimony or spousal support may be temporary, permanent, or transitional. Alimony or spousal support may also be modifiable or non-modifiable as determined by the Court or by agreement of the parties.
What You MUST Know About Spousal Support
A Quick Look at Alimony in New Mexico
Alimony, also called spousal support, is an amount of money awarded by the court from one spouse to the other as continuing support after the marriage has ended (divorce). Under the family laws of New Mexico, spousal support may be temporary, permanent, or transitional. Alimony may also be modifiable or non-modifiable as determined by the Court or by the agreement of the parties.
Spousal Support Analysis
Many lawyers will give you long-winded explanations about whether spousal support is appropriate in your case. A quick way to assess this is to look at some of the most important factors judges weigh in determining spousal support:
(1) Length of marriage. The longer your marriage, the more likely it will be that spousal support is awarded in your case. The 10-year mark is when many attorneys begin to consider it a “long” marriage. Marriages over 20 years qualify for permanent alimony.
(2) Ability to Pay. Even in a long marriage, the alimony award may be non-existent or small if earnings are not high enough. The court will consider both the ability to pay and the appropriate amount of alimony based on the facts of the case.
(3) Need. The spouse asking for spousal support must all have a true need for such payments, meaning, among other things that the receiving spouse must not be able to earn enough income on his or her own.
Spousal Support Calculators and Guidelines
Other than the criteria set by statute and listed further down on this page, there is no spousal support calculator that can be used to determine possible payments. Nor are there any specific guidelines in place. However, in Albuquerque, the Courts are currently using proposed alimony guidelines in a pilot project to study the possibility of implementing uniform alimony guidelines. These guidelines are not binding in any court, however, it may be useful during alimony negotiations to look at these guidelines. However, these guidelines only provide the Court with a possible scenario for alimony and spousal support payments and are not appropriate in every case.
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Frequently Asked Questions
Here are a few of the most frequent questions our law firm receives about spousal support.
Is New Mexico an alimony state?
Yes. There are certain factors that must be met, however, before an award of spousal support is appropriate. The most important factors seem to be a sufficiently long marriage, sufficient financial need by the receiving spouse, and sufficient ability to pay by the paying spouse.
How is spousal support determined?
In New Mexico, there is no set formula for the determination of spousal support. A number of factors are to be determined by the court, which includes:
(1) the age and health of and the means of support for the respective spouses;
(2) the current and future earnings and the earning capacity of the respective spouses;
(3) the good-faith efforts of the respective spouses to maintain employment or to become self-supporting;
(4) the reasonable needs of the respective spouses, including:
- the standard of living of the respective spouses during the term of the marriage;
- the maintenance of medical insurance for the respective spouses; and
- the appropriateness of life insurance, including its availability and cost, ensuring the life of the person who is to pay support to secure the payments, with any life insurance proceeds paid on the death of the paying spouse to be in lieu of further support;
(5) the duration of the marriage;
(6) the amount of the property awarded or confirmed to the respective spouses;
(7) the type and nature of the respective spouses’ assets; provided that potential proceeds from the sale of property by either spouse shall not be considered by the court, unless required by exceptional circumstances and the need to be fair to the parties;
(8) the type and nature of the respective spouses’ liabilities;
(9) the income produced by property owned by the respective spouses; and
(10) agreements entered into by the spouses in contemplation of the dissolution of marriage or legal separation.
How long must I be married to receive alimony?
There is no required time limit for an award of alimony. As a very general rule, marriages that are zero to five years in length typically do not involve spousal support (although transitional alimony may be awarded in some cases); marriages five to ten years in duration are more likely to qualify; ten to fifteen years and fifteen to twenty-year marriages have a high probability of being spousal support cases. It should be noted, however, that despite the length of the marriage, adequate assets must be available from one party to the other in order for the court to award spousal support. The court has permanent alimony jurisdiction over any marriage twenty years or greater.
What types of spousal support are available in New Mexico?
New Mexico courts may award the following types of spousal support:
- Rehabilitative alimony: Financial support for education or training to help the recipient become self-sufficient.
- Temporary alimony: Short-term support during or immediately after the divorce process.
- Lump sum spousal support: A one-time payment or installment plan instead of ongoing support.
- Indefinite spousal support: Long-term support typically awarded in cases of long marriages or significant disparities in earning capacity.
What role does a divorce decree play in alimony payments?
A divorce decree outlines all court-ordered terms of the divorce, including spousal support payments. It specifies the type, amount of alimony, and duration of spousal support, as well as any conditions for modification or termination.
Can spousal support orders be modified?
Yes, court-ordered spousal support can be modified if there is a substantial change in circumstances, such as a significant change in income for either spouse. However, lump sum alimony agreements are typically non-modifiable.
Is spousal support affected by child support payments?
No, alimony and child support payments are treated as separate legal matters in New Mexico. Receiving or paying child support does not influence the court’s decision on spousal support.
What is rehabilitative alimony, and how long does it last?
Rehabilitative alimony provides financial support for a set period of time to help the recipient gain education, training, or work experience. Its duration depends on the time required to achieve financial independence, as outlined in the rehabilitative plan approved by the court.
When is lump sum spousal support awarded?
Lump sum spousal support is awarded when both parties agree to a one-time payment or when the court deems it appropriate. This option can be beneficial for simplifying financial ties and avoiding ongoing payments over an extended period.
What happens if the paying spouse fails to make spousal payments?
If a paying spouse fails to make court-ordered alimony payments, the recipient can take legal action to enforce the order. This may include wage garnishment or other penalties to ensure compliance.
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Email: info@newmexicolegalgroup.com
Phone:
(505) 843-7303
Albuquerque Office
2701 Arizona Street NE
Albuquerque, NM 87110
(505) 843-7303
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Las Cruces, NM 88001
(575) 339-2100