If you have been married for many years but now face the prospects of a New Mexico divorce, alimony may be a major concern. The primary or higher wage earner in the marriage may be concerned about his or her ability to maintain the marital standard of living following divorce or the degree to which an alimony award may impact the party’s ability to build a new family. A spouse who has devoted his or her energies to maintaining the family residence and caring for the couple’s children may have made sacrifices in terms of career advancement, work experience and educational opportunities. These sacrifices may have severely impaired the earning capacity of the spouse who focused his or her efforts on being a caretaker for the children.
Regardless of whether you are the potential recipient spouse or the paying spouse, an alimony award can have a significant impact on your financial security during the divorce process and after a judgment in your marital dissolution. Our New Mexico family law attorneys have provided an overview on the key factors that a family law judge in will consider when determining the appropriate amount of alimony to award in a New Mexico divorce.
The guiding considerations that often have the greatest influence when determining the amount of alimony to award include the length of the marriage and sacrifices made by the lower earning spouse in terms of career opportunities. The amount of an alimony award is likely to be far more substantial if a spouse’s ability to obtain employment is impaired because of age or inexperience following many years spent raising children.
A New Mexico family law judge will consider a number of factors when imposing an alimony order which may include, but not be limited to the following:
• Potential earning capacity and financial need of each spouse
• Duration of the marriage
• Health and age of the spouses
• The assets and debts of the parties
• Ability of each spouse to be financially self-supporting
• Property distribution in the divorce
• Marital standard of living
• Agreements regarding medical insurance for the financially disadvantaged spouse
• Agreements between the couple in contemplation of divorce or separation
While this blog post provides a list of basic considerations when determining an alimony award, the process of litigating alimony disputes is a complex and fact intensive process so it is important to have an experienced New Mexico divorce attorney represent you.
The above information is provided to illustrate general principles of law and should not be interpreted as a specific legal opinion on an individual case. You should contact experienced legal counsel to get specific legal advice that is based upon your specific circumstances.
The New Mexico Alimony Attorneys at the Jay Goodman & Associates offers a free consultation in our centrally located offices in Santa Fe and Albuquerque so that we can discuss your options. Call us today to schedule your free consultation at (505) 989-8117 to learn about your rights and options.
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