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Requesting transitional or rehabilitative alimony

It is not uncommon for divorcing couples to seek spousal support in the event of the divorce. While in some cases a spouse will not be about to support themselves immediately after dissolution, this does not require that support payments must last forever after divorce. Instead, in many cases, transitional alimony is awarded. This is a form of rehabilitative alimony, and divorcing couples in New Mexico could utilize this form of alimony to help their ex-spouse get back on their feet after they reach a divorce settlement.

While the following discussion is for general purposes only, the alimony guidelines provided by the New Mexico courts discuss transitional and rehabilitative alimony and when it is appropriate. This type of spousal support is utilized in marriages that lasted between ten to twenty years. The amount and duration of the alimony awarded is dependent of various factors, such as the spouse's ability to become self-supporting.

The period of time that would justify that the recipient has become self-supporting would be the ability to meet their basic needs as well as the additional expenses necessary to reasonably cover education or training to allow the spouse to enter the workforce again.

This type of alimony is also referred to as bridge the gap alimony. It provides the funds necessary until the ex-spouse is able to meet those needs with their earned income in the future. While there is no set length of time this type of alimony will last, in most cases it has an end date for when the recipient is able to be fully self-sufficient.

Being able to obtain a form of spousal support is often very important to a spouse in the divorce process. Those seeking to obtain alimony or are attempting to modify it or terminate it should understand their rights and the steps involved with the process. This will ensure that both spouses are aware of their options and how to address their interests.

Source: nmcourts.gov, "ALIMONY GUIDELINES and COMMENTARIES," accessed Nov. 17, 2014

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