Alimony or spousal support can be awarded to a spouse that needs it, following the hearing of a divorce case. New Mexico courts look at the financial responsibilities and needs of both spouses to determine who of them gets alimony and how much it will be. The spouse asking for support should prove to the court that he or she requires it.
To know if you qualify for alimony, it is best that you talk to an experienced attorney in family law in Albuquerque, NM. They would know if you qualify for spousal support and would even have a good strategy on how to prove it to the court. The court will be the one to decide how much you’ll receive and for how long.
Your lawyer will also tell you about the factors that the court considers when awarding alimony. All of these are crucial when building your spousal support case. Keep in mind that whoever spouse asks for alimony has the burden of proof to show the court its needed so he or she can live a normal life after marriage.
How Does Alimony Work?
Alimony is a type of financial support that the court orders to a spouse upon hearing a divorce case. These support payments are normally used to provide for the living expenses and other things needed by the other spouse to ensure that they both continue to live at the same standard that they enjoyed during the span of their marriage.
However, not all spousal support payments are for long-term. This type of alimony is usually reserved for marriages lasting for 20 years or more. Also, the court wants both parties to eventually be self-sufficient, so this kind of alimony is not very popular these days.
The two other kinds of spousal support payments are transitional alimony and rehabilitative alimony. Transitional alimony rarely lasts for longer than two years after the divorce has been granted. This is a type of temporary support given to the other spouse so that he or she can easily transition from the married to single life.
Rehabilitative alimony, on the other hand, is a type of support given to a spouse who may require school education or training to become self-supporting. This type of support can run longer than transitional support, depending on the factors considered by the court. There are conditions that have to be followed by the receiving spouse in order to ensure that continuous support is provided.
Alimony may also increase or decrease if either of the spouses requests it, unless it was previously stated that no modifications to the decree can be made. The court may change the alimony if the receiving spouse can prove that his or her circumstances have changed since the alimony was first granted. These circumstances include illness, disability, job loss and other financial issues.
To determine if you qualify for spousal support, consult with a reputable family law firm in Albuquerque, NM. Advocates New Mexico has experience in family law, and we can help you achieve the right type and amount of alimony that suits your needs.