When a couple in New Mexico decides that they are going to move forward with a divorce, there are often countless legal issues to sort through. One issue, which is often one present in marriage, is the financial wellbeing of each spouse. In order to ensure that both spouses will be financially secure following dissolution, it may be necessary for one spouse to seek spousal support, also known as alimony. Spousal support is a way to help a lower earning spouse augment their finances.
But not all spouses kindly agree to these requests. In fact, unless spousal support is previously addressed in a prenuptial or postnuptial agreement, divorce is often the first time a spouse will even bring up this issue. Unfortunately, if the other spouse does not agree to this, this will likely lead to disputes. What do you do when alimony is on the divorce table?
When alimony is requested, it is important to note that it is a reality that must be faced. It simply cannot be avoided, and it is a divorce issue that must be decided on. If the divorcing couple cannot come to terms on their own, it is then up to a judge to make a decision. Awarding alimony is based on several factors, which often include the income of both spouses, the length of marriage and other details of the marriage.
If alimony is awarded, the length of this award is also based on certain factors. If it was a long-term marriage, it is possible to seek permanent alimony. However, if the marriage only lasted a few years, alimony will only last for the short-term. This could be in the form of rehabilitative alimony, which is designed to help a spouse obtain the job or educational training required to be self-supportive.
It should be noted, however, that if there is a substantial change in circumstances, one could seek an increase or decrease in alimony payments. In addition to modifying spousal support, these changes in circumstances could also indicate the need to stop payments altogether.
No matter what issue you face regarding alimony, it is important to understand the matter and what choices you have. This will not only ensure that your interests and rights are protected but also that a timely resolution is met.
Source: The Huffington Post, “Divorce Confidential: Alimony – Are You On The Hook?” Caroline Choi, Nov. 13, 2016