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Understanding the factors that determine alimony payments

Navigating a life post-divorce can be challenging. Our firm understands that going through a divorce or dealing with post-divorce issues can be life changing for New Mexico couples. Leaving the comforts of a married life can be difficult, especially when an individual was financially secure due to their ex-spouse. In these situations, it is common to request alimony. Spousal support is often dependent on in the post-divorce life, especially when the newly single spouse is re-entering the work force.

With regards to alimony, spouses often consider not only how much these monthly payments will be but also how long these payments will last. In some cases, spouses can reach an agreement regarding these details, and will include them in the divorce settlement. Although they could reach an amicable agreement, it is common that divorcing couples will have disputes about the terms of spousal support. In these cases, the courts might have to look at the details of the marriage to establish a fair alimony agreement.

Courts will often consider the length of the marriage. This is often the factor that will establish how long payments are made. When dissolution ends a long-term marriage, a spouse might be entitled to permanent alimony. This means that they will receive alimony payments until a certain event occurs. This is often the death of either party or the remarriage of the recipient of spousal support.

In cases of a shorter union, spousal support is still available but factors such as age, income, children and role in the marriage will determine the length and amount of alimony received. In cases where a spouse stopped their education or career in order to become a stay at home parent or homemaker, this information will impact alimony. They could receive spousal support to help maintain the lifestyle they enjoyed during the marriage until they are able to re-enter the work force or finish their education.

If a divorcing couple is unable to reach an agreement or they seek to alter a current alimony order, they should understand the legal options available to them. Our firm's alimony overview could help put their situation in perspective. Moreover, it could help them make rational decisions regarding their spousal support agreement.

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