New Mexico divorce courts have discretion to grant alimony to either spouse if circumstances make it necessary. The court will consider all factors on a case-by-case basis. Once alimony is granted, modification can be sought should circumstances change and warrant review of the agreement.
Types of Spousal Support
- Temporary – may be awarded during the time between filing dissolution papers and final disposition of the case.
- Short-Term – may be awarded for a limited time, generally to allow the grantee time and resources to gain skills or employment.
- Long-Term or Permanent – may be awarded, especially in cases of long-term marriage.
Who is Eligible for Alimony in New Mexico
A court may order alimony for either spouse in New Mexico. The court will look at all relevant factors to determine whether to grant support and for how long it will grant support.
New Mexico Alimony Guidelines (Factors for Awarding Alimony)
A New Mexico court will consider the following factors to determine whether to grant alimony:
- Age and condition of each spouse;
- Assets, income, liabilities and earning capacity of each spouse;
- Ability of the receiving spouse to be self-supporting;
- Needs of the respective spouses, including standard of living of the spouse while married, maintenance of medical insurance for the spouses; and appropriateness of life insurance;
- Duration of the marriage;
- Property award; and
- Mutual agreements between the spouses.
Reasons for Termination or Modification of Alimony in New Mexico
Alimony in New Mexico may be modified upon a showing of changed circumstances. Death of either person or remarriage or cohabitation of the receiving party are generally sufficient to show changed circumstances.
Marital Fault in New Mexico
A New Mexico court may grant a dissolution of marriage on the following grounds:
- No-Fault - incompatibility; or
- Fault - cruel and inhuman treatment; adultery; or abandonment.
How Long Does Spousal Support Last in New Mexico?
Spousal support duration depends on the length of the marriage, and all other circumstances of the parties at divorce. The court will determine the duration of any support payments at the final dissolution proceedings.
New Mexico Alimony Taxes
Alimony may be claimed as a federal income tax deduction by the paying spouse. The receiving spouse must also claim the mandated support payments as income on federal taxes. Discuss the tax implications of your settlement with a New Mexico attorney.
Find an Alimony Attorney in New Mexico
A New Mexico attorney familiar with divorce and alimony can help you through the emotional and physical process of divorce. It can be overwhelming. An attorney will help you get through it so that you can move on with your life.