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Spousal Support in New Mexico

About Spousal Support

Spousal support, also called alimony, is made up of payments from one ex-spouse to the other during or after their divorce. Unlike child support, which is determined through a highly structured set of calculations, spousal support is what is known as a discretionary award. This means the judge is relatively free to determine how much support will be paid, and how long it will be paid. That being said, there are guidelines for determining alimony in New Mexico. To learn more about them, check out our page on spousal support and alimony.

There are four main types of spousal support

  • Temporary or “transitional” support – this type of support is awarded while the divorce is in progress. For ex-spouses without their own means of support established, this is often the most important type of alimony.
  • Rehabilitative support – rehabilitative support is awarded in order to give the recipient time to acquire job skills and enter the workforce. The idea behind this support is that it be a stepping stone to self sufficiency for the recipient.
  • Open ended or permanent support – this is alimony with no specified end date. While it is rare, this type of support is sometimes awarded in cases where couples were married for a long time and one spouse was the majority or sole earner.
  • Lump sum support – this type of spousal support consists of a single payment from one ex spouse to the other. Lump sum support is often used to compensate one spouse for some other kind of property.

Another important difference between spousal support and child support is that spousal support lacks the powerful enforcement mechanisms of child support, like wage garnishment and property liens. Since alimony is court ordered, it has its own set of enforcement mechanisms, although they are often less potent than those available for child support enforcement.

Don Harris has decades of experience practicing family law in New Mexico. He has helped many people negotiate fair alimony, can he can help you. Call today to set up a consultation.

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New Mexico Financial Law, PC

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Albuquerque, NM 87102

(505) 503-1637

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