Divorce Guide

Divorce Guide


New Mexico Divorce Alimony


The New Mexico is an alimony state and you may be granted with New Mexico divorce alimony if the court finds the payment to be just. There are specific conditions or factors that can determine the sum and duration of the alimony. Though the family laws of New Mexico are favorable for the announcement of alimony but the entire burden of proving in the court regarding the need of the money for sustenance entirely falls on the recipient spouse.

The New Mexico divorce alimony is more commonly known as spousal support. To claim for alimony in the court of New Mexico you are required to lead a long marital life of at least for 10 years at a stretch. There different forms of alimony that are awarded depending upon the financial circumstances of the two spouses. They are the following:

Rehabilitative Alimony This form of alimony is the most common form of alimony that is granted in New Mexico. This form of alimony is mainly awarded when the receiving spouse is in the process of attaining self-sufficiency and is presently pursuing a course. This form of alimony is awarded in cases of short marriages and is temporary in nature.

Transitional Alimony This form of alimony is provided to the spouse in order to meet up payments for mortgage, car, apartment and other related payments. To be eligible for receiving transitional alimony the spouse is required to at least lead a marital life for 5 to 15 years.

Permanent Alimony The permanent form of alimony is quite rare and is awarded only in some special cases. The permanent alimony is awarded to the spouse only if he or she is found to be leading a standard of life which is quite inferior to the quality of life enjoyed by the other spouse. To get the alimony the marital life of the estranged spouses must last for at least 20 years.

Alimony is accounted as taxable income in New Mexico and the tax burden falls on the spouse who is entitled to receive it where as the spouse paying the sum as alimony is exempted from tax. There are a number of factors that influence the judgment of New Mexico divorce alimony. You may take a look at the alimony payment guide lines mentioned in the chapters from 40-4-7 of the New Mexico statutes. Alimony gets terminated when the either of the spouses dies or the recipient spouses remarries or engages herself or himself in full-fledged domestic co-habitation.


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