Prenuptial Agreement 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.
Coverage of Prenuptial Agreements
There are many things that a prenuptial agreement can cover but what it can’t touch are matters relating to child custody, child support, and alimony. The court won’t honor anything that determines who will get custody of the children when divorce happens, even if it’s written there. These matters will be decided by the court during the time of the divorce and not prior to the marriage, as a lot of things may have happened since then.
What the agreement could cover are things involving the couple’s rights to properties that they owned separately. It also can define how their assets will be divided once the marriage is dissolved. Community income and other financial concerns will be covered as well.
A prenuptial agreement is generally accepted and enforced by the law as long as it meets certain conditions during the time of writing. For one, the couples should be in the right age and mental capacity when they voluntarily entered into and signed the agreement. The prenup details should also be fair to both parties, meaning both parties have adequate knowledge of each other’s finances at the time of writing. Otherwise, the agreement may be contested for fraud. Furthermore, a prenuptial agreement is disregarded if the marriage is deemed null and void by the court.
Advocates New Mexico can help you write a prenuptial agreement that would benefit both parties, give you the security that you want, and ensure the future of your children. Consult with us and let us know what things you want to include in your agreement. We’ll go through each matter together and discuss its present and future implications. We promise to deliver sound legal advice and guidance on all types of prenuptial agreements.