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What factors are considered when awarding alimony in New Mexico?

Usually when two spouses in New Mexico divorce, they do not want much to do with one another. However, one way that they will stay tethered to one another (whether they like it or not) is through alimony. While a spouse may be reluctant to pay alimony to their ex, it is often necessary for the receiving spouse to get back on their feet financially. Moreover, alimony payments need not continue indefinitely. Therefore, individuals who are getting a divorce may wonder how courts decide upon an appropriate amount of alimony.

Under New Mexico statutes section 40-4-7, there are several factors the court will consider when determining how much alimony should be awarded in a divorce. One factor that will be considered is how old each party is and the condition of their health. Each party's current earning potential and future earning potential may also be considered. Each party's good-faith efforts to find or keep a job so that they can support themselves may also be considered.

In addition, each party's reasonable needs may be considered. These include the standard of living the parties enjoyed while married and the medical insurance costs of each party. The existence of certain life insurance policies may also be a factor as well.

How long the marriage lasted may also be considered, as may the property or assets each party walked away with after the property division process has been completed. Also, any income a party generates through property that they own will be considered. In addition, each party's liabilities will be considered. Finally, if there is a prenuptial agreement stating how much alimony will be awarded in the event of a divorce, it will also be considered.

As this shows, determining how much alimony to award in a divorce is not necessarily cut-and-dried, since there isn't a specific mathematical formula that is used. Instead, courts examine a variety of factors in order to reach a fair resolution.

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