Atkinson & Kelsey, P.A.
Local:505-796-6238 Toll-Free:888-350-5903
Map & Directions Menu

Considering spousal support alternatives

Money can be a controlling factor in a marriage. Likewise, money is frequently the subject of many disputes during the divorce process. And when a spouse is concerned about his or her financial well-being post-divorce, it is likely that alimony will be requested. Spousal support payments are often received in monthly installments, but they could also be received in one or a few large lump sum payments.

There are some spousal support alternatives that could help both the payer spouse and recipient spouse. In some cases, divorced spouses in New Mexico could obtain their alimony allowance from a spouse's separate or private property. In other words, property received in the divorce settlement could be used to fulfill alimony obligations.

Under New Mexico law, a court may permit an allowance, to either spouse, of the other spouse's separate property, as a form of alimony. In these matters, a judge will order, adjust or modify a divorce decree to give this allowance effect. In addition, this will allow for enforcement by the recipient spouse and the effect of vesting the title of property from the other spouse to the recipient spouse.

The purpose of alimony is to correct any unfair economic advantages caused by divorce. While this is typically accomplished through monthly spousal support payments, those awarded alimony do not always receive monthly payments. In some cases, larger items such as a home, vehicle or home furnishings are important to a former spouse, making it a suitable alimony alternative.

Those seeking alimony from a former spouse should understand the options afforded to them. An experienced attorney can help assess whether a spouse is eligible, how much he or she could receive and how long these payments could go on. Additionally, alternatives to alimony could also be discussed, determining what is in the best interest of the recipient spouse.

No Comments

Leave a comment
Comment Information