Are you confused about alimony and spousal support laws in New Mexico? You’re not alone. Unraveling the complexities of spousal support can be a daunting task. But there’s no need to fear this potentially convoluted area of law.
In this comprehensive guide, the Sanchez Legal Team demystifies alimony in Albuquerque, NM. In doing so, we’ll equip you with the information that you’ll need to understand New Mexico’s support laws.
You see, New Mexico has specific policies and guidelines governing the award and calculation of spousal support. So, it is essential to understand these laws to get the best outcome possible.
Are you facing a divorce and want to know your rights and responsibilities? If so, we will guide you through the key aspects of spousal support in New Mexico. This guide includes an explanation on how alimony is determined, the types of alimony available, and the factors that may impact the amount awarded.
By the end of this guide, you will have a clear understanding of the spousal support laws in New Mexico. This understanding will empower you to make informed decisions regarding your legal rights and obligations.
Let’s dive in and demystify alimony in the Land of Enchantment!
WHAT IS ALIMONY/SPOUSAL SUPPORT IN NEW MEXICO
Alimony, or spousal support, refers to the financial assistance provided to a spouse following a divorce or separation.
Alimony is not intended to be a penalty against the spouse paying support. Instead, spousal support is a continuation – or substitute – for the right to support that each spouse enjoys during the marriage.
Alimony payments can be temporary or permanent, depending on the circumstances and the court’s decision. Moreover, alimony payments can be made in a lump sum amount, or monthly amounts.
While the concept of alimony has been around for centuries, it has evolved over time. In the past, alimony was primarily awarded to women who were financially dependent on their husbands. However, as Bob Dylan sang: “The times they are a changin.”
Today, alimony can be awarded to either spouse, regardless of gender. In other words, alimony is based on need and ability to pay – not gender.
Check out this video to better understanding alimony/spousal support in New Mexico.
THE PURPOSE OF ALIMONY/SPOUSAL SUPPORT
The purpose of alimony is to prevent unfair economic consequences that may arise from a divorce or separation. It aims to ensure that both parties can continue to live a reasonably comfortable life after the end of the marriage. Alimony recognizes the economic contributions made by both spouses during the marriage and seeks to address any financial disparities that may exist post-divorce.
In New Mexico, the courts consider several factors when determining whether alimony should be awarded and in what amount. These factors include the length of the marriage, the financial resources and earning potential of each spouse, need, and the age and health of the parties involved.
The two biggest factors that impact alimony in New Mexico are need and ability to pay.
TYPES OF SPOUSAL SUPPORT IN NEW MEXICO NEW MEXICO
In New Mexico, there are several types of alimony that can be awarded, depending on the specific circumstances of the case. The main types of alimony include:
Rehabilitative alimony: Rehabilitative alimony is awarded for a specific period to help the receiving spouse become self-supporting. It is often awarded when the receiving spouse needs financial assistance to obtain education, training, or skills necessary to reenter the workforce.
Transitional alimony: Transitional alimony/spousal support is intended to supplement one spouse’s income for a clearly defined and limited period. The period must be clearly stated in the court’s final order.
Permanent alimony: Permanent alimony is awarded when the court determines that ongoing financial support is necessary to maintain a reasonable standard of living for the recipient spouse. Usually, permanent alimony is made with monthly payments and has no ending period.
FACTORS CONSIDERED IN DETERMINATIN ALIMONY
When determining the amount and duration of alimony payments, New Mexico courts consider several factors. These factors are outlined in the New Mexico Statutes Section 40-4-7 and include:
Length of the marriage: The duration of the marriage is a significant factor in determining alimony. Generally, longer marriages are more likely to result in alimony awards, as there is likely a greater level of financial interdependence.
Income and earning potential: The courts assess the income and earning potential of both spouses. This includes considering each spouse’s current income, potential for future earnings, and any financial resources they may have.
Standard of living during the marriage: The standard of living established during the marriage is an important consideration. The courts strive to maintain a reasonable level of financial support that allows the recipient spouse to maintain a lifestyle like that enjoyed during the marriage.
Age, health, and means of the parties: The age and health of both spouses are considered when determining alimony. If the recipient spouse has health issues or is nearing retirement age, they may require additional financial support.
Financial and non-financial contributions: The courts consider the financial and non-financial contributions made by each spouse during the marriage. This includes contributions such as homemaking, childcare, and supporting the other spouse’s career or education.
Assets and debts: The courts also consider the assets and debts of both spouses. This includes property, investments, and any outstanding debts. The division of assets and debts may impact the amount and duration of alimony payments.
FACTORS NOT CONSIDERED
Fault: In New Mexico, divorce courts cannot consider fault when determining spousal support. In other words, a spouse that doesn’t want the marriage, and is not at fault for the marriage, can still be required to pay spousal support.
At times, people facing a divorce are outraged with New Mexico’s alimony laws. For instance, one spouse may feel that NM’s support laws are unfair or immoral. A “wronged” spouse may feel that cheating or abuse should be considered when awarding support.
Nevertheless, New Mexico’s spousal support laws are not based on morals – they are based on law. New Mexico law is clear that fault cannot be considered when determining alimony. In other words, the fact that one spouse cheats does not impact the spouse’s right to receive alimony/spousal support.
Other factors that cannot be considered include the level of spousal support needed for a spouse to achieve an earning capacity reasonably comparable to the other spouse. Also, spousal support is not intended for a spouse to support themselves in a style reasonably comparable to that enjoyed by the couple during the marriage.
CALCULATING ALIMONY PAYMENTS
Calculating alimony payments can be a complex process, as it involves considering various factors and circumstances. Unlike child support, New Mexico does not have specific laws for calculating alimony. Instead, the courts have discretion to determine the appropriate amount and duration of alimony based on the unique circumstances of each case.
With that said, family courts may be persuaded by the New Mexico spousal support guidelines. For settlement purposes, NM attorneys commonly use the NM alimony guidelines as a reference. The alimony guidelines are useful to give attorneys and clients a rough estimate of the appropriate alimony payments.
Alimony and Child Support. If the paying spouse is paying child support and alimony, then the alimony guideline calculation is:
(Payor’s gross income X 0.28) minus (recipient’s gross income X 0.58) equals guideline support.
Also, it is important to note that alimony should be calculated before child support. After alimony has been determined, then the amount of support is added to the recipient’s gross income and deducted from the payor’s gross income when calculating child support.
Alimony no Child Support. If the paying spouse is not paying child support, then the alimony guideline calculation is:
(Payor’s gross income X 0.30) minus (recipient’s gross income X 0.50) equals guideline support.
As mentioned, the support guidelines are intended to give attorneys and clients a rough idea of support payment, for settlement purposes. In other words, unlike child support, NM does not have a clear alimony calculator that is based on law.
DURATION OF SPOUSAL SUPPORT IN NEW MEXICO
The duration of spousal support in New Mexico varies depending on the type of support awarded and the specific circumstances of the case. Interim division of income and expenses (“Interim Support”) is awarded during the divorce process and ends when a final decree and spousal support order is issued.
Rehabilitative spousal support is awarded for a specific period, typically to allow the recipient spouse to acquire education, training, or work experience necessary for self-support. The duration of rehabilitative spousal support is determined based on the recipient’s specific needs and the time it is estimated to achieve financial independence.
Permanent spousal support, as the name suggests, has no set end date. It continues until the death of either spouse, the remarriage of the recipient, or a substantial change in circumstances that would warrant a modification or termination of the spousal support order.
Unlike child support, New Mexico does not have specific laws regarding the duration of alimony. However, like the guidelines for amount discussed above, there are also guidelines for the duration.
New Mexico alimony guidelines suggest:
Marriages less than 5 years, usually there is no alimony. However, this general rule can change based on need and exceptional circumstances.
Marriages 5 to 10 years, usually only rehabilitative or transitional alimony.
A marriage of 10 to 20 years usually means support at 30% to 50% of the years of marriage. So, a 10-year marriage usually means support for 3 to 5 years.
For marriages over 20 years, usually permanent/indefinite. Here, the court reserves jurisdiction over continuing support, unless the parties agree to a non-modifiable or lump-sum alimony award.
MODIFYING OR TERMINATING SUPPORT PAYMENTS
Some forms of spousal support may be modified. In New Mexico, “modifiable” alimony includes awards with indefinite duration, rehabilitative, or transitional with no ending date. Also, modifiable usually includes alimony where the total amount owed is not directly stated.
In these situations, alimony may be modified when the evidence demonstrates changed circumstances regarding the recipient’s need and the support spouse’s ability to pay.
However, some forms of alimony may not be modified. For example, “lump sum” alimony agreements may not be modified. A “lump sum” generally means an alimony award with a specific total dollar amount that will be paid, even if paid in instalments. So, an agreement that $100,000 will paid over 10 years usually cannot be modified.
Moreover, the order does not have to use words such as “lump sum,” “definite amount,” or “nonmodifiable.” Instead, an agreement to a specific amount of money usually means nonmodifiable.
Finally, it’s important to note that alimony obligations typically end upon the death of either party or upon the remarriage of the recipient spouse. However, parties can agree to different terms in their divorce settlement or separation agreement, which could extend or modify the duration of alimony payments.
COMMON MISCONCEPTIONS ABOUT SPOUSAL SUPPORT
There are several common misconceptions about spousal support that can lead to confusion and misunderstandings. Let’s address some of these misconceptions to provide a clearer understanding of spousal support in New Mexico:
Spousal Support is Guaranteed: Contrary to popular belief, there is no guarantee that spousal support will be awarded in every case. Spousal support is determined on a case-by-case basis. Although alimony is based on several factors, the court ultimately determines support based on need and ability to pay.
Spousal Support Lasts Forever: Spousal support is not intended to be a lifelong obligation. The duration of spousal support varies depending on the circumstances of the case, and it can be terminated under certain conditions, such as the death of either party or the remarriage of the recipient spouse.
Spousal Support is Gender-Specific: Spousal support is not limited to a specific gender. Both men and women may be eligible for spousal support depending on their individual circumstances. The court considers factors such as income, earning capacity, and financial needs, regardless of gender.
Spousal Support is Punishment: Spousal support is not meant to punish one spouse or reward the other. Its purpose is to address any economic disparity that may exist between the spouses and ensure a fair and equitable outcome.
It’s important to have accurate information about spousal support to make informed decisions regarding your legal rights and obligations. Consulting with an experienced Albuquerque alimony attorney can help dispel common misconceptions and provide you with the guidance you need throughout the legal process.
HIRING AN ALIMONY/SPOUSAL SUPPORT ATTORNEY IN NEW MEXICO
Navigating the complexities of spousal support in New Mexico can be challenging. So, it is crucial to have the support of an experienced attorney. A spousal support attorney can provide you with the legal expertise and guidance necessary to protect your rights and achieve the best outcome.
When hiring a spousal support attorney in New Mexico, consider the following factors:
Experience: Look for an attorney with experience with divorce and alimony in your specific county and courthouse. For example, an alimony case in Rio Rancho or Los Lunas/Belen may be different than Albuquerque. An experienced attorney will have a deep understanding of the relevant laws and can effectively advocate for your interests.
Knowledge of New Mexico Laws: Spousal support laws can vary from state to state. Ensure that your attorney is well-versed in the specific laws and regulations governing spousal support in New Mexico.
Communication and Compatibility: Choose an attorney with whom you feel comfortable communicating openly and honestly. Building a strong attorney-client relationship is essential for effective representation.
Track Record of Success: Consider the attorney’s track record in handling spousal support cases. Look for reviews, testimonials, or any evidence of successful outcomes in similar cases.
Affordability: Discuss the attorney’s fee structure and ensure it aligns with your budget. It’s important to have a clear understanding of the cost of legal representation before proceeding.
By hiring a qualified spousal support attorney, you can ensure that your rights are protected, and your interests are advocated throughout the legal process.
UNDERSTANDING YOUR RIGHTS AND OBLIGATIONS IN SPOUSAL SUPPORT CASES
Navigating the complexities of spousal support in New Mexico can be challenging, but with the right information and guidance, you can make informed decisions regarding your legal rights and obligations. Understanding the types of spousal support available, and the factors considered in determining support, plays a crucial role in helping you plan your financial future.
Remember, each spousal support case is unique, and the laws governing spousal support can be complex. Consulting with an experienced attorney who specializes in family law and spousal support cases can provide you with the guidance and support you need throughout the legal process.
Armed with knowledge and the support of a qualified attorney, you can navigate the challenges of spousal support in New Mexico and work towards achieving a fair and equitable outcome.
Are you looking for a top-rated alimony attorney in New Mexico? Look no further! Sanchez Legal Team’s local and honest attorneys handle divorce cases across New Mexico.
Call (505) SANCEZ and speak with a premiere Albuquerque family lawyer, uncontested divorce attorney, child custody, restraining order, and kinship guardianship attorney.
