Atkinson & Kelsey Law Firm Blog

Requesting alimony during the divorce process

There are financial concerns at all phases of a relationship. When a couple gets married, during their marriage, when they have children and when they file for divorce, money is a major concern. Our law firm understands that there are many financial needs and concerns during and after the divorce process for New Mexico couples. A spouse might require more financial support to get through the divorce and for a duration after the split is finalized. Spouses going through a divorce should understand their options and rights regarding spousal support.

Whether or not a prenuptial agreement is in place, our attorneys understand how to determine an appropriate amount of alimony to request in a divorce. While spousal support is not based on a set formula much like what is used in a child support case, it is based on the details of the marriage.

Our attorneys have worked with spouses requesting alimony in order to determine an amount and duration of payments that meets the financial needs of the spouse. We will consider the needs and rights of a spouse and ensure they are awarded a fair amount of alimony.

Some factors that need to be considered include whether the couple has children, whether there are child support payments in place, the current and future earnings of each spouse, the good-faith effort by each spouse to become self-supporting, each spouse’s age and health, the duration of the marriage, the amount of property awarded to each spouse and the existence of legal documents such as a prenuptial or postnuptial agreements. Taking these factors into account will help establish a fair amount of spousal support.

Seeking alimony during the divorce process can be complex and difficult. It is important that spouses requesting spousal support understand their rights and options in order to avoid post-divorce issues. Our law firm’s alimony overview could help outline the process for a spouse considering or going through the divorce process. This could provide them with insight on their situation so they can take appropriate action.