New Mexico Alimony / Spousal Support

New Mexico alimony, also referred to as spousal support is the amount of money one spouse pays to the other, by court order or through agreement of the parties, for support and maintenance.

New Mexico spousal support is calculated based on a specific forumla using a guidelines worksheet.

Types of Alimony Awarded in New Mexico

• Transitional spousal support to supplement the income of the receiving spouse for a limited period of time; provided that the period shall be clearly stated in the court's final order
• Spousal support for an indefinite duration
• A single sum to be paid in one or more installments that specifies definite amounts, subject only to the death of the receiving spouse
• A single sum to be paid in one or more installments that specifies definite amounts, not subject to any contingencies, including the death of the receiving spouse

• The age and health of and the means of support for the respective spouses
• The current and future earnings and the earning capacity of the respective spouses
• The good-faith efforts of the respective spouses to maintain employment or to become self-supporting
• The reasonable needs of the respective spouses, including: a) the standard of living of the respective spouses during the term of the marriage; b) the maintenance of medical insurance for the respective spouses; c) the appropriateness of life insurance, including its availability and cost, insuring the life of the person who is to pay support to secure the payments, with any life insurance proceeds paid on the death of the paying spouse to be in lieu of further support
• The duration of the marriage
• The amount of the property awarded or confirmed to the respective spouses
• The type and nature of the respective spouses' assets: provided that potential proceeds from the sale of property by either spouse shall not be considered by the court, unless required by exceptional circumstances and the need to be fair to the parties
• The type and nature of the respective spouses' liabilities
• Income produced by property owned by the respective spouses
• Agreements entered into by the spouses in contemplation of the dissolution of marriage or legal separation

Modification of Alimony in New Mexico

According to New Mexico Statute 40-4-7. Proceedings; spousal support; support of children; division of property, the court may modify and change any order or agreement merged into an order in respect to the guardianship, care, custody, maintenance or education of the children whenever circumstances render such change proper. The district court shall have exclusive jurisdiction of all matters pertaining to the guardianship, care, custody, maintenance and education of the children until the parents' obligation of support for their children terminates. The district court shall also have exclusive, continuing jurisdiction with reference to the property decreed or funds created for the children's maintenance and education.

New Mexico statutes regarding alimony can be found here: New Mexico statutes

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