Divorce is often an emotionally devastating experience as what was once a loving relationship comes to an end and your family life gets redefined. However, divorce should not be a financially devastating experience for one party who relied on their spouse for financial support.

Alimony (also called spousal support) may be the solution you need to ensure financial stability after marriage. The attorneys at Roybal-Mack & Cordova, PC can help you calculate and, if necessary, fight for the alimony you deserve.

What Alimony Is and Is Not

Alimony is the legal obligation of one party to support his or her spouse during a legal separation or after a divorce.

Alimony is not an obligation in every divorce case. Whether or not a spouse is eligible to receive alimony is based on a number of factors, including:

  • Length of the marriage
  • Current employment
  • Earning potential
  • Ability to support him/herself

Alimony is not a punitive payment paid by one party to the other. So, no party in a divorce must prove fault for the divorce in order to be eligible for spousal support.

Alimony is also separate from any equalization payments made from one party to the other as a means to equitably divide community property.

Types of Alimony and Alimony Payments

Alimony can be paid in one of three ways:

  1. Lump sum payment
    The parties agree to a one-time payment amount.
  2. Temporary support (also called rehabilitative support)
    One party pays the other a fixed amount for a set period of time, after which payments stop. This type of support is usually intended to help one party meet financial needs while going to school or completing job training that will boost their ability to support themselves.
  3. Permanent spousal support
    Permanent alimony involves scheduled regular payments that have no end date. This type of spousal support is common for couples ending lengthy marriages, and often in which one party was a homemaker while the other earned the sole income.

New Mexico’s Alimony Guidelines and Commentaries publication helps determine when a party may be eligible for spousal support as well as formulas to calculate alimony (which is affected if child support is also being paid).

Getting the Alimony You Deserve

While the State of New Mexico has clear guidelines on who may receive alimony, the party seeking alimony may need to prove the need or right to spousal support. And the party on the hook for payment may fight back.

To make sure that you get the alimony you deserve, you need an experienced family law attorney.

The Family Law team at Roybal-Mack & Cordova, PC have decades of combined experience helping couples work through disputes and arriving at fair alimony decisions that meet all parties’ needs. We also have the experience it takes to win cases that can only be resolved through trial.

Contact us to schedule an interview with our team at our Albuquerque office.

Dedicated Advocacy. Meaningful Results.

Translate »