Does New Mexico allow alimony?
Yes. Alimony (called "spousal support") can be awarded in a divorce case, but the burden is on the spouse seeking the support to show why he/she needs it. Typically a couple must be married for at least ten years before the court will consider a request for alimony. People who only lived together, without being married to each other, are not eligible for alimony.
How much can I get for spousal support?
The burden is on the person asking for alimony to prove the need for a specific dollar amount each month to sustain a reasonable standard of living AND the other spouse's ability to pay that amount, after taking into account the paying spouse's child support obligation, other community debt obligations, and reasonable standard of living for the paying spouse.
How long can I get spousal support?
The traditional kind of long-term alimony - payable until the receiving spouse dies or remarries - is the hardest kind of alimony to get because the courts want to see the parties move on with their lives after the divorce and be financially self-sufficient. Such long-term alimony is usually reserved for cases of lengthy marriages (20 years or more) where one spouse was mostly a homemaker, has limited education or employment skills, and there will likely always be a significant disparity in incomes. There are two other types of alimony of shorter duration: transitional alimony (usually for 6 - 24 months to help the receiving spouse get established and start working) and rehabilitative alimony (financial help while going to school to earn a degree that will lead to a decent-paying job).
Who pays taxes on the alimony?
Alimony is considered "income" for tax purposes to the person receiving the money. The person paying alimony can deduct it from income for tax purposes.
How is alimony paid?
Usually the paying spouse sends a check once a month or per pay period. It is possible to have alimony automatically withheld from the paying spouse's pay check.
If needs change, can alimony be increased or decreased?
Unless the final decree awarding alimony says the amount or conditions are "non-modifiable", then the receiving spouse can try to get more money if his/her needs change so much so that the present alimony amount is insufficient to meet basic needs. Conversely, if the paying spouse's income situation changes (due to loss of employment or taking early retirement, for example), then the paying spouse can also go back to court to try to lower the amount.
**Alimony can be a very complex area of family law. Many paying spouses have difficulty with the concept of having to pay money to a former spouse for any length of time, so they fight it at the negotiation or trial stage. Having your ducks in order is crucial to negotiating or winning a court battle over alimony. This can include the need to hire an expert witness to determine an appropriate alimony amount and length of time for payment.
