Yes. New Mexico is an alimony state. Therefore, alimony is an essential element to compete your divorce.
New Mexico courts have the legal authority to award alimony/spousal support within your divorce. Accordingly, alimony is an issue that most be resolved. With that said, the appropriate length and amount of alimony varies with each marriage.
HOW DOES ALIMONY WORK IN NEW MEXICO?
Alimony/spousal support is an amount of money that the court awards to one spouse for continuing support. Like child support, alimony payments are usually made once each month.
WHAT FACTS DO NEW MEXICO COURTS CONSIDER?
New Mexico courts examine ten unique factors when awarding alimony. With most cases, the two most important factors are need and ability to pay. Other factors include:
- Age, physical, and emotional health;
- Means of support, earning capacity, and efforts to gain employment;
- Need;
- Marriage length;
- Property in each spouse’s name;
- Each side’s assets;
- Income produced by each spouse’s property; and
- Agreements that the spouses enter when considering divorce or separation.
When determining alimony, New Mexico Courts cannot consider which spouse is at fault for the divorce. Also, the court cannot consider the support needed for both sides to have the same earning capacity. Finally, NM courts cannot consider the support needed for one spouse to have a lifestyle comparable to the one that occurred during the marriage.
HOW LONG DO ALIMONY PAYMENTS LAST IN NEW MEXICO?
Under New Mexico law, alimony payments are often ordered for a definite term, depending on the marriage’s length and other factors.
New Mexico guidelines discuss how long alimony should last. According to the alimony guidelines, here are the suggested lengths for alimony.
0 to 5 years of marriage: Alimony usually is not appropriate.
5 to 10 years of marriage: Commonly the court will award rehabilitative or transitional alimony. In doing so, the court established a rehabilitative or transitional plan that outlines alimony’s duration.
10 to 20 years of marriage: Alimony usually is ordered for 30% to 50% of the marriage’s length. In other words, a ten-year marriage would be somewhere around three to five years.
Marriages over 20 years: Marriages over twenty years can include indefinite alimony. With that said, both sides can also agree to a lump sum, non-modifiable amount. For instance, the parties could agree to waive alimony in exchange for a specific amount.
WHEN IS ALIMONY NOT APPROPRIATE IN NEW MEXICO?
Depending on your marriage’s facts, your assigned judge could award alimony. With that said, like most family law issues, your judge has huge power to determine if alimony is appropriate. Nonetheless, New Mexico’s alimony guidelines suggest that alimony is not appropriate in the following scenarios:
- The paying spouse’s total income is lower than $20,000 per year;
- The marriage was less than five years, unless exceptional circumstances are present;
- With marriages less than ten years, both sides are self-supporting and have roughly equal career capabilities:
- When the parties’ incomes are roughly equal and consist of social security and/or pension income only.
IS ALIMONY MODIFIABLE?
Possibly. Your divorce terms determine if your alimony can be modified.
For instance, indefinite support ends with death or remarriage. Accordingly, indefinite support can be modified based on a major change in circumstances.
On the other hand, does your divorce use the following words:
- Lump sum?
- Definite amount?
- Non-modifiable?
If so, your divorce papers suggest an intent for your alimony to be non-modifiable. Nevertheless, support can be changed if your divorce papers do not include these terms when describing alimony.
ARE ALIMONY AND CHILD SUPPORT THE SAME?
No. Alimony and child support are not the same. Alimony and child support are similar because both are payments to support a family’s needs. However, alimony and child support are inherently different. For instance, child support is based on New Mexico child support laws.
Conversely, alimony is based on suggested guidelines and not clear and enforceable laws. Accordingly, alimony can be a squirrely issue. For instance, alimony is largely determined by guidelines that help judges to determine the appropriate length and amount of support. Ultimately, however, your judge has the power to determine the appropriate length and amount of support. In doing so, your judge considers your marriage’s unique facts.
NEW MEXICO ALIMONY ATTORNEY/LAWYER — IS NEW MEXICO AN ALIMONY STATE?
Matthew Sanchez has the experience to handle your divorce. For over a decade, Sanchez has handled family matters across New Mexico, including: Albuquerque, Santa Fe, Socorro/Estancia, Rio Rancho, Los Lunas/Belen, and Gallup/Grants.
Sanchez has handled uncontested divorces all across New Mexico, including: Albuquerque, Santa Fe, Taos, Rio Rancho, Los Lunas/Belen, and Gallup/Grants.
Also, Sanchez has handled contested divorces across New Mexico, including: Albuquerque, Santa Fe, Socorro/Estancia, Rio Rancho, Los Lunas/Belen, and Gallup/Grants. Talk to a seasoned and successful attorney that knows what they are talking about. Talk to (505) SANCHEZ.
Is New Mexico an Alimony State?
