You must be married at least ten years before you are eligible to seek alimony in New Mexico. It is up to the person who is seeking alimony in New Mexico to prove to the court the amount that is needed to maintain their reasonable standard of living. The court looks at the financial condition of the party that is going to be responsible to pay for the alimony after reviewing other expenses such as child support, community obligations, and other living expenses. Couples who live together that are not married are not eligible for alimony. The person who receives alimony must pay taxes on the money. You should speak to a New Mexico family law attorney if you need to request alimony in a New Mexico divorce.
Types of Alimony
There are several different types of alimony in New Mexico which include the following:
- Long Term
- Transitional
- Rehabilitative
Long term alimony is generally awarded in marriages of 20 years or longer. It is more difficult to get long term alimony in New Mexico because the courts favor the parties moving on to be self sufficient. Transitional alimony is temporary alimony that is awarded during the divorce proceedings or for a minimum of 6 -24 months after the divorce is finalized. Rehabilitative alimony is awarded for a specific period of time in which to give the spouse receiving alimony time to receive education or other training so they can obtain a job and become self supporting. Generally alimony is paid on a monthly basis by check or automatic withdrawal from the checking account of the spouse who is responsible for paying the alimony.
Alimony Increases or Decreases
Alimony amounts can be increased or decreased at any time by either party making a request to the court, unless there is a provision in your final degree marriage prohibiting alimony modifications. If the spouse receiving alimony demonstrates to the court that the amount of alimony they are receiving is adequate, or if the spouse paying alimony demonstrates to the court that their circumstances have changed, the court may modify the alimony award. A job loss may occur for either party, illness, disability, or some other financial circumstances that the court may consider in making a modification to the alimony award. If one spouse dies, the alimony terminates unless there is some other agreement between the parties. Also, if the spouse who is receiving alimony remarries, alimony terminates.
Factors the Court Looks at in Making Calculations
The court will consider the following factors when awarding alimony in New Mexico:
- How long the couples were married
- Standard of living during the marriage
- Age and health of each spouse
- Earning capacity of each spouse
- Ability of each spouse to be self supporting
- Life insurance policies available
- Each spouse’s assets
- Maintenance of medical insurance
Hire a New Mexico Attorney
Alimony in New Mexico can be complicated. A New Mexico family law attorney is experienced at handling alimony and divorce matters and can help you negotiate with your spouse or your spouse’s attorney to get you the best settlement.
