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When alimony is not appropriate in a New Mexico divorce

Finances are often a major concern by spouses during and after a divorce. This often leads to some spouses requesting alimony from their ex. But is spousal support always appropriate? When it comes to seeking alimony, divorcing couples should understand when spousal support is necessary and appropriate and when it isn't so they can understand the outcomes of this divorce legal issue.

According to the alimony guidelines for the state of New Mexico, there are spousal support requirements. Moreover, if these requirements are not met or if a judge does not believe that there is a financial need to order alimony payments, then spousal support will not be deemed appropriate.

When is alimony not appropriate? According to the guidelines, there are situations where the court may find alimony inappropriate, which might result in alimony not being awarded. One situation is when the income of the intended payer is less than $20,000. If the marriage lasted less than five years, it is often determined to be inappropriate to seek alimony.

In a marriage that lasted less than 10 years and both parties are self-supporting with equal careers, alimony will most likely found to be not appropriate. Other common situations include: the recipient cohabitating with someone other than his or her ex, when the parties' incomes consist of Social Security and pension income only or when awarding alimony would be considered "double-dipping."

Understanding when alimony would most likely be deemed not appropriate could help divorcing spouses understand whether or not they should request alimony. Moreover, it can prepare them for a likely ruling on their request. Although finances are a major concern following divorce, it is important to understand ways this issue could be addressed and how this and other divorce legal issues and disputes could be resolved.

Source: Nmcourts.gov, "Alimony Guidelines and Commentaries," accessed March 30, 2015

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