When is Spousal Support or Alimony Awarded in New Mexico?
In New Mexico, a court may allow either party to receive spousal support as under the circumstances of the case may seem just and proper, including a court award of: (a) rehabilitative spousal support that provides the receiving spouse with education, training, work experience or other forms of rehabilitation that increases the receiving spouse’s ability to earn income and become self-supporting; (b) transitional spousal support to supplement the income of the receiving spouse for a limited period of time; (c) spousal support for an indefinite duration; (d) a single sum to be paid in one or more installments that specifies definite amounts, subject only to the death of the receiving spouse; or (e) a single sum to be paid in one or more installments that specifies definite amounts, not subject to any contingencies, including the death of the receiving spouse.
In determining whether spousal support should be awarded, the court should consider: (1) the age, health and means of support for both spouses; (3) the current earnings and future earning capacity of the spouses; (3) the food faith efforts of the spouses to maintain employment or become self supporting; (4) the reasonable needs of the spouses including the standard of living maintained during marriage, the maintenance of medical insurance, and the appropriateness of life insurance; (5) the duration of the marriage; (6) the amount of property awarded to each spouse; (7) the type and nature of each spouses’ assets; (8) the type and nature of the spouses’ liabilities; (9) income produced by the spouses’ property; and (10) agreements entered into by the spouses.
(New Mexico Statutes Annotated 40-4-7)
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The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney