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A spousal support award should be both fair and appropriate

Sometimes, after years or even decades of being married, a couple in Albuquerque will decide their marriage can no longer last, and they are best off getting a divorce. For some long-term marriages, there is a significant income discrepancy between each spouse, with one spouse earning a great deal more than the other spouse. This is especially true if one spouse stayed out of the workforce to raise a family while married.

Therefore, in situations like this the issue of spousal support is likely to come up. In New Mexico, there isn't a standard formula for calculating spousal support. However, there are a number of factors courts may consider when determining how much spousal support to award.

Courts may consider whether one spouse or the other is supporting a child. Each spouse's current income as well as the income the spouse may earn in the future may also be considered. Each spouse's efforts to find a job that will allow them to support themselves financially may also be considered. Each spouse's physical health may be considered as may how old each spouse is. Each spouse's needs may be considered, at least to the extent that these needs are reasonable. How long the spouses were married may also be considered. What each spouse was awarded in the asset division process may be considered. Finally, if the couple had a prenuptial agreement, the terms of that agreement may be considered.

As this shows, there are many factors that may go into calculating an appropriate amount of child support. Since calculating spousal support can be complicated, it may help to have the representation of an attorney. The legal team at Atkinson & Kelsey, P.A., understands that it takes experience and insight on the part of an attorney to see that a fair amount of spousal support is ordered. After all, a spousal support award can add up to thousands of dollars over time. Moreover, spousal support should be sufficient enough to allow the receiving spouse to obtain the financial resources they need to become self-sufficient following a divorce. At the same time, a spousal support award should not drain the paying spouse financially. It is a delicate balance to come to an agreement that is fair to both spouses. Spousal support can be a contentious issue, but with the right legal help an appropriate result can be reached.

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