Seeking Spousal Support in New Mexico

When filing for divorce, spousal support or alimony is sometimes requested. New Mexico allows spousal support to be awarded, but the spouse making the request must provide proof that it’s warranted.

We can help with this and other aspects of divorce when couples are proceeding pro se, or without legal representation. There are no hard and fast rules governing spousal support in the state, so it’s usually up to the discretion of the judge.

Understanding Spousal Support

Spousal support aims to recreate the same standard of living a person experienced during a marriage. In cases where one spouse was the primary breadwinner and the marriage lasted many years, it may be difficult for the other spouse to take the proper steps to secure gainful employment.

Alimony payments can be afforded for the long-term, which means payment will be remitted until the former spouse remarries or dies. Spousal support can also be ordered until which time the spouse undergoes necessary training or schooling to be able to care for him or herself.

Factors That May Be Considered

When spousal support is requested, the court will consider the following factors for both spouses:

  • The duration of the marriage
  • Income and debt
  • Earning capacity
  • Property and asset division
  • Marital standard of living
  • Education
  • Age and health status

Alimony Guidelines and Commentaries provide more detailed information on how spousal support is requested and what criteria the courts use to make determinations about these requests.

How to Prepare for Your Divorce

We will lead you through every step of the New Mexico divorce process. We provide the essential forms and tools necessary to initiate a divorce, and we also offer legal guidance on how to fill out forms.

Learn more about the necessary forms to file for a divorce, or access our Divorce & Custody Guide for more information. We can also put you in touch with a divorce attorney if your case requires legal representation.