Alimony Attorney in Albuquerque, New Mexico
Alimony, also known as spousal support, is a reasonable amount of money paid to a spouse as financial support following a divorce. The court will determine how much money has to be paid, basing on the present and future obligations and needs of both spouses, as well as the ability to pay spousal support. There are different types of alimonies that the court grants and knowing if you qualify for any of them is important, especially when the divorce process gets extra tedious. Advocates New Mexico has one of New Mexico’s experienced alimony attorneys in Albuquerque, NM who can help you out.
Three major types of alimony are long-term, transitional, and rehabilitative. In order to qualify for any of these, you first have to prove that you have the need for it. Many factors will be considered as well but mostly, the court will take a look at your age, health, earning capacity, current income, a standard of living, and assets possessed.
Long-term alimony is usually provided to marriages of almost 20 years. Depending on what the court decides upon, long-term spousal support may carry on for the rest of your ex-spouse’s life. It is usually granted to a partner who was mostly a homemaker during the course of the marriage and possesses limited education or employment skills.
Transitional alimony is ordered by the judge to make it easier for the other spouse to go from being married to being single. This alimony is only temporary and will last for the necessary duration to allow a spouse to provide for themselves.
Rehabilitative alimony is given to spouses who need financial support to go back to school or get adequate training to become self-supporting. When this type of spousal support is granted, a rehabilitation plan is also laid out. The supported spouse has to comply with what the court ordered in the plan in order to continue receiving support.
How to Qualify for Alimony
To know if you qualify for alimony, you have to hire a family attorney in Albuquerque, NM who has experience in this matter. The first step is to file a petition for dissolution of marriage and request alimony. Upon filing, it will be served to the other spouse. The petitioner has to prove to the court that he or she needs alimony. Evidence should be presented, including whatever documents the court deems necessary.
The only way to bypass getting a court order for alimony is to have your ex-spouse agree and sign a Marital Settlement Agreement. In this agreement, your ex-partner voluntary states and agrees to give alimony. Arriving at a mutual understanding makes the process simple for everyone involved.
A good family lawyer will educate you about your legal rights and help you prepare the agreements necessary. Your lawyer should also be willing to go to a court battle if it leads to that. Whichever route you decide to take, your lawyer should be able to provide you with the results that you want.
Advocates New Mexico has experience helping individuals who seek alimony. We are experienced in this area and we can give you the best legal advice. We’ll try to ease the stress that surrounds your divorce and the impending financial situation that you’ll be in as the process runs its course.