SPOUSAL SUPPORT ELIGIBILITY – ALBUQUERQUE. AM I ENTITLED TO SPOUSAL SUPPORT?

Spousal support, also called alimony, is the financial support that one ex-spouse is obligated to give the other after a divorce. The Albuquerque divorce lawyers at Terry & deGraauw, P.C. represent men and women seeking the payment of alimony and also seeking to limit their exposure to an alimony claim in New Mexico.

FACTORS AFFECTING SPOUSAL SUPPORT IN NEW MEXICO

In New Mexico, the burden is on the spouse seeking the support to show why he or she needs spousal support. When a judge considers how much spousal support should be awarded, he or she examines factors such as:

  • The length of the marriage.
  • The present and future earning capacity of each spouse.
  • The age and health of the parties.
  • The ability of the party seeking spousal support to become self-supporting.

In New Mexico, courts may award one of three types of alimony, depending on the circumstances:

  • Transitional spousal support—spousal support to supplement the income of the receiving spouse for a limited period of time after the divorce.
  • Rehabilitative spousal support—spousal support to assist the recipient spouse while that spouse follows a rehabilitative plan with the goal of becoming self-supporting in the future.
  • Indefinite spousal support—spousal support to be paid for an indefinite time, the amount of which can be modified at a later date.
  • Lump-sum spousal support—to be paid in one or more installments that specifies definite amounts.

Sometimes one spouse, particularly a self-employed spouse, will attempt to hide income or assets so that the spouse owed receives less money. Our spousal support attorneys work  hard to uncover any income that is being hidden from view to ensure you receive an equitable divorce settlement.

Our clients tend to contact us when they have been unable to mediate the financial aspects of their divorce, including spousal support. Typically, we try to negotiate and settle these cases so that the parties can make an agreement that addresses both parties’ interests instead of allowing a Court to make that decision for them and in order to avoid the costs associated with litigating a spousal support claim. We are also experienced Albuquerque divorce litigators who understand that sometimes the court must be involved to dictate the terms of spousal support if one party is unwilling or unable to agree to a realistic spousal support provision.

ALBUQUERQUE DIVORCE LAW SPECIALISTS

The divorce attorneys at Terry & deGraauw, P.C. in Albuquerque are New Mexico Supreme Court Certified Family Law Specialists. We have an in-depth knowledge of New Mexico statutory and case law as it relates to spousal support and other divorce issues, such as the division of marital assets.
To learn more about how we can help you fight for just spousal support, contact us to schedule a consultation at our Albuquerque family law firm.