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Spousal support orders available in New Mexico

Alimony can be a major factor in a divorce, no matter the length of the marriage or the age of the spouses. The transition from married life to a single life can be challenging, and for those without the financial means to support themselves, spousal support could be the only way to cover necessary expenses. However, not all spouses requesting alimony will receive the same spousal support order or spousal support at all. Therefore, those seeking alimony in New Mexico should understand what orders could be approved by the court.

First, a spouse could receive rehabilitative spousal support. This is supposed to help the recipient spouse with education, work experience and other forms of rehabilitation that could help the recipient spouse's ability to increase income potential and become self-supporting. Such an order could include specific conditions and may continue until it is determined that the recipient spouse is self-supportive.

Next, transitional spousal support could be ordered. This form of alimony is supposed to help the recipient spouse supplement income for a period of time. The goal is to help the spouse with the transition from married life to single life. The period of time that is fair and proper for the spouse will be determined by the judge and stated in the court's final order.

Lastly, spousal support could be indefinite. This means that it is lifetime alimony and will remain in effect during the life of the recipient spouse.

When a court determines the amount and duration of time a spousal support award will remain in effect, the court considers some major factors. This includes: the age and health of the spouses; the current and future earnings of the spouses; the good-faith efforts of the spouses to maintain employment or to become self-supporting; the standard of living the spouses experienced during marriage; the maintenance of medical insurance for the spouses; the appropriateness of life insurance; the duration of the marriage; the amount of property awarded to each spouse; the type and nature of the spouses' assets; the type and nature of the spouses' liabilities; the income produced by property owned by the spouses; and any agreements entered into by the spouses in contemplation of the dissolution of marriage.

Many factors go into the process of awarding alimony. Divorcing spouses should be well aware of their situation and know their rights to spousal support during dissolution.

Source:, "40-4-7. Proceedings; spousal support; support of children; division of property," accessed August 1, 2016

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