Call Our Firm Today 505.431.4716
Helping You Solve Your Problems Backed By Years of Experience & A Client-Centered Approach

Albuquerque Alimony Lawyers

How is Alimony/Spousal Support Determined in New Mexico?

Alimony is the old-fashion term for spousal support in Bernalillo County. This is a sum of money payable from one spouse to the other after the divorce in order to help the receiving spouse maintain a reasonable standard of living.

The spouse asking for alimony or spousal support bears the burden of showing how much money he or she “needs” each month and the other spouse’s “ability to pay” that amount, taking into account the overall allocation of property and debt in the divorce. The receiving spouse also must prove the length of time he or she needs to receive spousal support or alimony before becoming financially self-sufficient.

There are several types of spousal support, depending on the circumstances of your case, such as:

  • Transitional: This is short-term money, usually one year or less, that helps the spouse get established on his or her own.
  • Rehabilitative: This is money to help a spouse go back to school or get re-trained to be able to get a job or a better-paying one in order to become financially self-sufficient.
  • “Permanent”: This is a monthly payment for an indefinite amount of time from one spouse to the other; this money is paid every month until the receiving spouse dies or remarries.
  • Lump-sum, non-modifiable: This is a fixed amount that is often paid on a monthly basis and the amount and length of time paid cannot be modified or altered.

Unlike child support, spousal support used to be deductible from the paying spouse’s income for tax purposes and included in the receiving spouse’s income for tax purposes. However, the tax law changed and for all alimony agreements or awards entered after December 31, 2018, spousal support is no longer deductible for the paying spouse or included in the receiving spouse's income for income tax purposes.

Alimony ends when the receiving spouse dies or remarries (except for lump-sum, non-modifiable), and sometimes ends upon other events if the parties agree. Alimony or spousal support does not automatically end when the paying spouse dies. He or she needs to carry life insurance to secure the obligation to pay alimony.

Enforce or Modify Alimony in Albuquerque

Has your ex stopped making their alimony payments? Have you tried and failed to collect the support you are due by your own means? In these cases, you can gather evidence of the delinquent payments and ask the court to enforce your alimony order. The non-compliant party will be held in contempt of court until they pay what is due.

Also, alimony orders are not necessarily set in stone. There are significant changes in circumstance that could allow for modification of an alimony order, such as loss of a job, a hefty pay cut, or remarriage of the supported spouse. If you are no longer able to afford your alimony payments, then speak with an Albuquerque alimony lawyer immediately to learn how you can ask the court to modify the order.

Here to Answer Your Questions

In New Mexico, a divorcing spouse can request alimony payments or spousal support from their partner after the divorce in order to maintain a reasonable standard of living post-divorce. NM Divorce & Custody Law, LLC understands the financial stress a divorce can cause a person and our Albuquerque alimony attorneys can help determine if you qualify for divorce spousal support.

If you have questions about divorce spousal support or alimony payments in New Mexico, the skilled attorneys at NM Divorce & Custody Law, LLC can help. We know the legal elements required to file for, defend against, or modify spousal support after a divorce. This is your divorce and your family. We will work to protect your rights and give you the knowledge needed to move on to the next chapter of your life.

Call our team today at (505) 431-4716 to learn more about how we can assist you.