Alimony—also known as spousal support—goes beyond traditional property division and establishes an obligation for one spouse to provide economic support to the other spouse during or after a divorce. Spousal support is not standard. It is more likely when one spouse has less earning capacity or fewer financial resources than the other spouse.
Determining whether a spouse is eligible for alimony can be complex and contentious. Few divorcing spouses want to pay spousal support, and few spouses who are entitled to alimony want to give it up. An Albuquerque spousal support lawyer could help you negotiate or present your position to the court. Our family law attorneys are ready to support you.
Spousal support is a court-ordered payment from one spouse to another, ensuring that the recipient spouse can maintain a reasonable standard of living after a divorce. While many people compare spousal support to child support, alimony is discretionary. The court does not use specific guidelines to calculate alimony amounts but considers specific factors in the marriage. Fault can play a role in determining the amount of spousal support, which is something divorcing people need to consider when filing or answering the other party’s divorce petition.
Alimony addresses financial disparities between spouses, and the court is more likely to order it when one spouse is financially dependent on the other during the marriage. The court has the discretion to order it to provide transitional support, rehabilitative assistance, or long-term financial stability. An Albuquerque alimony attorney could help spouses understand how a court is likely to view spousal support cases based on the facts.
New Mexico Statutes Annotated § 40-4-7(B) deals with spousal support. It breaks support into four types: rehabilitative support, transitional support, periodic payments, and a lump-sum payment. For rehabilitative support, the payments help the spouse become self-sufficient by providing them with income so that they can pursue education, job training, or other factors that can improve employability. Transitional support helps spouses adjust to post-divorce life and might cover things like moving expenses.
The court may order two types of payments. Periodic payments are made on a regular basis, usually monthly, for a specific period. The period is often determined by the recipient’s needs and the length of the marriage. If the couple has sufficient assets, the court might also order a one-time payment to resolve spousal support obligations.
State law gives the court broad discretion when it comes to spousal support. To make its decision, the court can consider:
Spousal support orders are also subject to modification and termination. To get a modification, the spouse seeking the adjustment has to demonstrate a substantial change in circumstances, such as a change in income or financial need. Furthermore, most alimony orders terminate on the death of either spouse or remarriage of the recipient spouse. However, alimony can survive death and become an obligation of the estate, and it does not have to be terminated on remarriage.
Enforcing spousal support can be challenging. One role of a spousal support attorney in Albuquerque is seeking enforcement through legal remedies. They could petition the court to garnish wages or place the non-compliant spouse in contempt of court.
Lawyers help people throughout the alimony process. They could help clients determine whether they are eligible for support—or likely to pay support—as well as calculate support needs. They could advocate in negotiations, mediation, or in court for their position, ensuring the court considers all relevant factors. Their main job is to ensure the legal process remains fair, which can mean defending against unreasonable demands or fighting a spouse’s attempts to evade responsibility.
Alimony can be one of the most contentious aspects of a divorce, with financial implications for both parties. An Albuquerque spousal support lawyer has the knowledge and skills necessary to help clients understand how state laws will impact their case. Schedule a case evaluation to learn more.
