New Mexico Divorce Spousal Support/Alimony Laws
When considering whether an individual qualifies for receiving alimony, the Court will apply the following essential 2 part test: need and ability to pay. Spousal support, including the amount awarded, is determined on a case-by-case basis and ends upon the recipient’s death or remarriage unless stated otherwise. For example, if the alimony is non-modifiable and of a fixed 5-year duration, and the recipient marries again within 4 years, the alimony continues for the full five years. If the alimony was modifiable with no fixed end date, and the recipient remarries, then that is a basis for the paying party to request the court to immediately terminate alimony. Alimony will be ordered payable for an indefinite duration if it is modifiable and on a fixed period of time if it is non-modifiable.
New Mexico Divorce Alimony Complexity
The law on New Mexico divorce alimony is complex. If you believe you are entitled to alimony, you should be sure to review your needs with an experienced family law attorney. It is important to realize that the right to alimony may be permanently lost if it is not awarded in your case. Where appropriate, alimony is awarded in addition to child support, so parties should review their total financial needs in order to determine a fair amount of financial support for both obligations..
If you would like to request a consultation with Claire Sanderson Hanna please call (505) 243-0900.
One Executive Center
8500 Menaul NE, Suite B-550
Albuquerque, NM 87112
t: (505) 243-0900
f: (505) 243-5785