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Spousal Support and Alimony

In a No Fault Divorce you can negotiate spousal support and alimony.

Spousal support is a legal obligation on a person to provide financial support to his or her spouse before or after marital separation or divorce. Spousal support is not child support. These are often confused as combined but child support is specifically designed to provide for the children during and after a divorce; spousal support is specifically designed to provide for a spouse.

There are many reasons a spouse may request support, but it is the burden and the requesting spouse to prove need. There is no equation to determine support, the proof is based on a number of different factors.

Factors used to determine the amount of spousal support to be paid by one spouse to the other include:

  1. Maintain your “standard of living”: where do you live, what kind of home, car? These types of items are standard of living.
  2. Is the supported spouse capable of finding and maintaining employment to maintain his/her own standard of living? This includes job market and needed education and training to acquire employment.
  3. Was the spouse, during the marriage, fulfilling domestic duties as opposed to promoting his/her own career and ability to earn income.
  4. Contribution of the supported spouse to enable the other spouse to attain education, training, a career or a professional license
  5. Is the supporting spouse able to maintain their own standard of living and contribute to the supported spouse.
  6. Needs of each spouse based on the standard of living established during the marriage
  7. Obligations and assets of each spouse
  8. Duration of the marriage
  9. Ability of the supported spouse to be employed without unduly interfering with child care responsibilities
  10. Age and health of the respective spouses

The desire of the courts is to create an agreement that will allow both parties to move on into their perspective futures successfully and independently. Spousal support can be paid from a former wife or husband. As time passes, the spousal support can be modified given changes circumstances involving remarriage or change of employment. Again the courts are most interested in success of both parties.

With all factors considered, the divorce contract is very complicated and needs to be crafted by a legally savvy team including you, a financial adviser and an attorney specializing in divorce law.

In New Mexico, call Don Harris for a consultation today!

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New Mexico Financial Law, PC

320 Gold Ave, SW
Suite 1401
Albuquerque, NM 87102

(505) 503-1637

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