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Affairs and Prenuptial Agreement in Albuquerque
Affairs and Prenuptial Agreement in Albuquerque – FAQ
Here are two questions we get asked frequently about both affairs and prenuptial agreements:
Does an affair affect my divorce?
The state of New Mexico is a no-fault state. Fault is not considered in determining any of the major factors in the case, so an affair by either party has no bearing on the court’s decisions for child custody, child support, spousal support, or separation of property.
Child custody is awarded based upon the best interests of the children. Child support is based upon guidelines. Spousal support, or alimony, is based primarily on factors that are set for it by statute.
In a no fault state like New Mexico, an affair will have little or no legal ramifications on a divorce case unless the party having the affair has used marital assets in the affair. In this case, your attorney would help you recover your share of those dissipated assets.
New Mexico is a no fault state, and also a community property state. This means than notwithstanding a prenuptial agreement, any property acquired after your wedding day is communal and will be divided 50/50 at the time of divorce.
Any property owned by one or the other spouse prior to the marriage is separate and ignored by the court. Also, if you inherit or receive a gift to you personally, it is yours even if you received it during the marriage.
In reality a New Mexico prenuptial agreement will simply document what was separate property prior to the marriage and affirm that this property will never become joint property. We see these agreements most often when there is a large inheritance, or large properties, estates or similar assets; or if either party has children from prior relationships and want to keep property for those children.
These agreements must be completed well before the wedding – at least six weeks.