Atkinson & Kelsey Law Firm Blog

What types of alimony might a New Mexico court award?

Couples in New Mexico going through a divorce often have many disagreements, especially where money is involved. One often contentious issue that comes up when a couple in New Mexico goes through a divorce is that of spousal support, also known as alimony. Per New Mexico statutes, there are several types of alimony a court in New Mexico may award: rehabilitative, transitional and indefinite. Alimony may also be paid in a single sum, either all at once or in installments.

Rehabilitative alimony is meant to give the receiving spouse the opportunity to obtain the necessary education or work experience that the receiving spouse needs to support him or herself financially. Sometimes the court will include, along with the award of rehabilitative alimony, a specific plan that the receiving spouse must comply with in order to continue receiving alimony.

Transitional alimony is meant to augment the income the receiving spouse earns. Transitional alimony will end after a certain period of time has passed. In comparison, in other cases a court will make an award of alimony indefinite with regards to how long it must be paid.

A court may also determine that alimony be paid in a single sum of money, rather than time. This amount of money can be paid either all at once, or in installments. Sometimes this type of alimony will not continue if the receiving spouse dies, while in other cases it will.

Since spousal support is such a hot-button issue, it is important to have a good understanding of the various ways in which it can be paid. This is especially true if the couple cannot come to an agreement on spousal support on their own, and instead must turn to the court to make a decision. Fortunately, attorneys are available to help clients understand their options when it comes to spousal support, so their clients can make informed decisions moving forward.