Spousal support, or alimony, is the amount of money awarded by the court from one spouse to the other in terms of everyday necessities and living expenses. The main function of alimony is to ensure that both parties are able to live at the same standard they did before they separated.
Under New Mexico family laws, spousal support can be temporary, permanent or even transitional. Transitional alimony is paid on a short term basis which is a year or less. Additionally, alimony may be modifiable or non-modifiable depending on the court’s decision or the agreement made between the parties involved. Before a judge awards alimony, he/she assesses some factors like:
Length of the marriage
New Mexico law considers the length of the marriage an important factor when deciding whether or not to award alimony. The longer the marriage, the more likely you are to receive alimony. Marriages that have lasted for over 20 years qualify for permanent alimony. An Albuquerque divorce lawyer, says legal professional KufferLaw.com, can further explain to you if your case is valid.
The spouse asking for alimony must prove that he/she has a need for such payments. This includes showing that you aren’t able to earn enough income to support your daily expenses.
Ability to pay
The spouse being asked to pay this payment must have the ability to do so. This is irrespective of the length of the marriage. If the earnings are not high enough, the alimony may be small or non-existent.
Age and health
Before a New Mexico awards spousal support, it will first examine the spouse’s age and health.
Spousal support is deductible from the paying spouse’s income for tax purposes. It’s also included in the receiving spouse’s income for similar tax purposes. If you have any concerns regarding alimony, contact a New Mexico family lawyer who will answer any concerns you may have.