Top Alimony Spousal Support Questions in Albuquerque, NM

Let’s uncover the top alimony spousal support questions in Albuquerque, New Mexico.

These questions and answers help readers achieve a better understanding for alimony/spousal support in New Mexico.

ALIMONY DEFINITION

In some cases, New Mexico divorce law provides spouses with a right to continued support upon divorce.

Under NM law, there are three categories of alimony/spousal support:

Rehabilitative Spousal Support;
Transitional Spousal Support; and
Indefinite Duration Spousal Support.

The category that you fall within depends on several factors.

WHAT IS ALIMONY BASED ON?

New Mexico divorce law lists ten factors that the court must consider deciding alimony.

The three most important factors are length of marriage, need, and ability to pay.

With that said, alimony is not based on fault. In other words, NM courts cannot consider which party is responsible for the divorce.

This means that NM family courts do not consider infidelity when deciding alimony.

HOW ALIMONY IS CALCULATED IN ALBUQUERQUE, NM

Unlike child support, alimony does not have mandatory guidelines. Instead, alimony has suggested guidelines that were developed by Second Judicial District Court.

Usually, marriages under five years usually do not receive alimony.

Marriages between five to ten years may receive transitional or rehabilitative support.

Rehabilitative support provides a spouse with the education or training needed to become self-supporting.

Transitional support is additional income that a spouse receives for a limited period.

Ultimately, the court decides the appropriate length and amount of support with both rehabilitative and transitional support.

Have you been married for ten to twenty years? If so, alimony probably will be 30% to 50% of the length of marriage. Therefore, a then year marriage will likely be around 30% to 50% — or three to 5 years.

Have you been married for twenty years or more? If yes, alimony can remain indefinite. In other words, alimony can exist until your spouse dies or is remarried.

HOW ALIMONY IS DETERMINED

Length of marriage, need, and ability to pay are the three biggest factors that impact alimony.

Based on the marriage’s length, the court determines alimony based on need and ability to pay.

The court generally uses the Alimony Guidelines to calculate alimony. With that said, these Guidelines are suggestions, and not enforceable law. As such, judges have immense power to determine alimony.

Moreover, it is very difficult to overturn a judge’s alimony decision on appeal.

Therefore, alimony can be a slippery issue that is hard to pin down. Ultimately, your judge will decide the issue if you cannot reach an agreement.

HOW MUCH ALIMONY WILL I GET IN NEW MEXICO?

How much alimony you will get depends on several factors.

First, how long were you married?

Second, how high is your need for alimony?

Third, how high is your ex’s ability to pay?

Usually, longer marriages with greater need and ability to pay lead to greater alimony awards.

Ultimately, alimony needs to be decided either by agreement, or by court order. When spouses cannot agree on alimony, judges have big power to decide how much alimony one receives.

The specific amount that you receive in alimony depends on several factors that vary with each case. Accordingly, it is important to speak with an experienced alimony attorney.

A tested and reliable alimony attorney understands how NM judges apply and view alimony.

Call (505) SANCHEZ to speak with a tough and tested NM divorce and attorney.

IS ALIMONY CONSIDERED INCOME?

Alimony is considered income for child support.

For example, let’s say that Father pays Mother $500 per month in alimony. In this situation, Mother’s gross monthly income will be increased by $500. Alternatively, Father’s gross monthly income will be reduced by $500.

Are you curious if alimony is considered income for tax purposes? If so, tax laws are ever-changing. Accordingly, it is always best practice to speak with a tax professional.

A tax professional can help you understand how alimony impacts your personal taxes.

CAN ALIMONY BE CHANGED AFTER DIVORCE?

Are you wondering if alimony can be changed after divorce?

It depends.

First, it depends if your alimony was a non-modifiable, lump sum amount.

For example, does your alimony order include the words “non-modifiable?” If so, then your alimony cannot be changed after divorce.

On the other hand, does your alimony order have a definite amount?

For example, were you ordered to pay $100,000 in alimony? In this situation, your alimony order is likely non-modifiable.

Under NM law, single sums of alimony – also called “lump sums” – are not modifiable. Consequently, your specific order likely cannot be modified after divorce.

Ultimately, the words used in your alimony order are important. Therefore, you should always speak with one of Albuquerque’s experienced alimony lawyers.

ARE ALIMONY PAYMENTS TAX DEDUCTIBLE?

Alimony payments are not tax deductible. The tax code changed in 2019. This change eliminated the ability to claim alimony as a tax deduction.

With that said, tax laws constantly change. As such, it is best practice to speak with a tax professional.

A tax professional can help you understand how alimony impacts your unique taxes.

ALIMONY AFTER 20 YEARS OF MARRIAGE

Alimony after 20 years can be indefinite. In other words, the court retains jurisdiction over alimony.

Generally, alimony continues until the recipient either dies or is remarried.

An exception occurs when the alimony award is for:

Definite amount;
Lump sum; or
Non-modifiable.

Non-modifiable alimony awards usually include a specific amount that must be paid. This amount must be paid regardless of future events (e.g., lost wages or inability to pay).

Conversely, modifiable alimony usually includes a monthly amount that can be modified. In this situation, alimony can be modified based on a major change in circumstances.

HOW TO AVOID PAYING SPOUSAL SUPPORT

Are you wondering how to avoid paying spousal support? Under NM law, a pre-nuptial agreement cannot waive a spouse’s right to support. In other words, you cannot avoid spousal support through a pre-nuptial agreement.

Alimony is usually based on length of marriage, need, and ability to pay.

Usually, the court does not award alimony for marriages under five years.

Moreover, alimony is usually only appropriate when there is a need and ability to pay.

A way to avoid paying spousal support is to keep the marriage under five years.

Moreover, you can avoid paying spousal support by marrying someone that is self-supporting or earns more money than you.

The likelihood that alimony will be required increases with length of marriage, need, and ability to pay. Therefore, you can reduce the chances that alimony is necessary by reducing:

Your marriage’s length; and
Income disparity (e.g. big differences in income).

ALIMONY VS. PALIMONY

New Mexico is an alimony state. Nevertheless, NM courts have power to award alimony through a divorce.

New Mexico is not a palimony state.

In other words, no marriage – no alimony/palimony.

SPOUSAL SUPPORT VS. ALIMONY

Alimony is another word for spousal support. In other words, alimony and spousal support are the same thing.

WHEN DOES SPOUSAL SUPPORT END IN NEW MEXICO?

When spousal support/alimony ends depend on your unique marriage and divorce.

Longer marriages usually have longer alimony awards.

A marriage under ten years may not be eligible for alimony.

Marriages 10 to 20 years may only be eligible for 30 – 50% of the marriage’s length.

Marriages over 20 years may have indefinite alimony.

Finally, alimony may be a lump-sum or specific amount. In other words, your alimony may could be a one-time payment of $100,000 – or an agreed upon amount.

Your unique divorce determines when spousal support ends in New Mexico.

Watch this video to better understand alimony in Albuquerque, NM.