The court will determine if a spouse needs alimony or not, as well as how much that spouse is supposed to receive and for how long. The court doesn’t just make assumptions when upholding a spousal support order. It considers many options when making decisions and calculations.
The court does not award spousal support by default. It is not automatically given when a divorce case is being heard. Alimony has to be duly requested by the spouse who needs it, and that spouse carries the burden of proof. The said spouse has to prove to the court that he or she is entitled to receiving support.
If you feel that you need alimony to get back on your feet after a divorce, talk to a family lawyer about it. A competent family attorney in Albuquerque, NM should be able to help you file a spousal support request in your petition and achieve the most favorable results. Consult with a reputable family law firm like Advocates New Mexico to be sure.
What Determines Spousal Support in New Mexico
When the court decides on issues regarding spousal support, some of the factors that it always considers include:
1. Age and health of the petitioner
If a spouse is past the employment age of if he or she has a poor bill of health, the alimony awarded could be long-term. This means that the support will continue until the spouse dies. The court can find in favor of the partner who has no way to support him or her self after the marriage.
2. Current income and earning capacity
The partner who earns more is expected to give support to the one that doesn’t earn as much. However, this type of alimony is rarely long-term. Oftentimes, the court orders support of this type to the other party until such time he or she gets better training or education.
3. Length of the marriage
For marriage longer than 20 years, long-term spousal support is usually provided. For shorter marriages, transitional alimony is generally ordered. Support is provided to the other party to give him or her enough time and confidence to get back on his feet after the divorce.
4. Assets and liabilities
All the properties acquired during the marriage will be distributed between the husband and wife. However, there are instances wherein they have a prior agreement, like a prenup, to handle these matters. The court considers the couple’s prenuptial agreement to determine if a spouse needs really support and for how much.
5. Standard of living during the marriage
The court maintains that husbands and wives should have the same standard of living even after their marriage is dissolved. As such, the court will try its best to award support to the spouse who has no capacity to live at par with his or her ex-partner even after undergoing training or getting an education.
Spousal support can be a very complicated matter. Better consult with an attorney who has been practicing family law in Albuquerque, NM for many years. By hiring the services of experts, you’ll be assured of a legal advice and representation that favors your interests.