Spousal support, or alimony as it is sometimes called, is largely based on an analysis of one parties’ cash flow needs post-divorce and the other parties’ ability to pay support. There are several other factors considered that are set forth in New Mexico statutes. The spouse seeking support must make an affirmative request for alimony in their filings with the Court.
At Batley Family Law, we help clients reach their goals when it comes to spousal support, either through negotiation or in court. We understand the factors that courts find persuasive and know how to make the best case to get fair results.
Different Types of Spousal Support Available in New Mexico
- New Mexico law provides for different types of alimony to meet various needs. Transitional spousal support is generally short-term support, ordered after a divorce is finalized. Transitional support helps meet needs during a transition, such as when a spouse is waiting for a home sale to close or is transitioning back into the workforce from being home raising children.
- Rehabilitative spousal support is also generally short-term support provided to give spouses the opportunity to pursue additional education or training to obtain a job that will enable them to support themselves.
- Indefinite spousal support is usually granted when one spouse in a long-term marriage is not able to provide their own support due to the decisions made in the marriage that may have changed their career or educational opportunities.
- A lump sum support payment may be ordered, although the payment may be made in monthly installments to be paid until the total amount is paid in full
The court may modify an award of indefinite support if there is a change in circumstances warranting a change, like the need of the party receiving support has decreased or increased. Cases involving spousal support should be addressed by a seasoned family law attorney who understands the various forms of spousal support and can guide a client in their requests for support or the defense of a request for support.
Factors That Affect a Decision to Award Support
Courts in New Mexico have considerable discretion to determine whether support is warranted, the duration of the payments, and the amount of such payments. The factors the Court considers as set forth in the New Mexico statutes are as follows:
- The age and health of and the means of support for the respective spouses
- Current and future earnings and the earning capacity of the respective spouses
- The efforts made by the spouse requesting support to obtain or maintain employment or to become self-supporting
- The reasonable needs of the respective spouses
- The duration of the marriage
- The property awarded to each spouse in the divorce
- The type and nature of the property awarded to each party
- The type and nature of the liabilities awarded to each party
- Any income produced by any property owned by each spouse
- Agreements entered into by the spouses in contemplation of their divorce
Work with a Dedicated New Mexico Spousal Support Lawyer
No one wants to be in a position where they have to ask for spousal support, and certainly, no spouse enjoys paying alimony. But divorce can impact parties financially in a way that spousal support may be necessary.
At Batley Family Law, we are dedicated to finding solutions that work in divorce that include an arrangement for spousal support that meets the clients’ needs. To learn how the experienced attorneys at Batley Family Law could help you achieve your objectives for spousal support, we urge you to call our office at (505) 246-0500 or fill out this contact form to take the next step to schedule a confidential consultation.
What Our Clients Say
“Professionalism, Quality, Responsiveness, Value
I had a great experience at Batley Family Law. They assisted me with my case. They were excellent and ensured that my case was handled as efficiently as possible and always made me feel informed. This firm helped me through a stressful time. Would absolutely recommend this law firm.”
“Thanks for everything yesterday! I had a very informative and meaningful consultation with Batley Family Law. I can tell that they are compassionate and strong which I admire in a law firm. Their firm has written a great book on New Mexico Divorce Law and they had recommendations for books to help my kids in this process! Thanks for the great gifts as well. I look forward to working with them in the process that lies ahead.”
Bobbie Batley is unquestionably the top family lawyer in New Mexico, largely because of the amazing team she leads. This firm cares about their clients, and puts those needs out front. I will never hesitate to refer to this firm!”
“Batley Family Law is an excellent place to work. I enjoy coming in everyday. It is clear to see how much our attorneys value New Mexican families. They work their hardest to advocate for their clients on a daily basis.”
“Batley Family Law provided me with excellent advice and service to effectively and efficiently resolve an issue with my best interests in mind. They did this with a great deal of compassion. I would highly recommend this firm.”
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Batley Family Law
316 Osuna Road Ne #301
Albuquerque, NM 87107