Albuquerque Alimony Lawyers
Trusted Representation For Alimony Cases in New Mexico
At NM Divorce & Custody Law, LLC, our seasoned attorneys are well-versed in the nuanced realm of spousal support and dedicated to helping our clients achieve fair and just outcomes. If you find yourself in need of an Albuquerque alimony lawyer, look no further. We are committed to providing comprehensive legal guidance tailored to your unique circumstances.
Call NM Divorce & Custody Law, LLC today at (505) 431-4716 or contact us online to schedule a meeting with our alimony attorney in Albuquerque!
What is Alimony?
Alimony is the old-fashioned term for spousal support in New Mexico. This is a sum of money payable from one spouse to the other after the divorce to help the receiving spouse maintain a reasonable standard of living. It is designed to address economic disparities between spouses, ensuring both parties can maintain a reasonable standard of living post-divorce. Alimony is not automatic, and its determination depends on various factors.
In New Mexico, the court carefully evaluates the financial situation of each spouse to establish whether alimony is warranted and, if so, the appropriate amount and duration. Our attorneys at NM Divorce & Custody Law, LLC, understand the complexities of alimony cases and work diligently to advocate for our client's best interests.
Types of Alimony in New Mexico
Understanding the different types of alimony is crucial in navigating the legal landscape. In New Mexico, several types of spousal support may be considered:
- Rehabilitative Alimony: This alimony is awarded to help the supported spouse acquire the education or skills necessary to become self-supporting. It is often temporary and aims to enable recipients to reenter the workforce or pursue additional training.
- Lump-Sum Alimony: In some cases, the court may order a one-time, lump-sum payment as spousal support. This could be feasible when a clean break is desired and ongoing financial ties between ex-spouses must be avoided.
- Temporary Alimony: This provides financial support during the divorce proceedings. It addresses immediate financial needs until a final spousal support arrangement is determined.
- Permanent Alimony: While less common, permanent alimony may be awarded when a spouse is unlikely to become self-supporting due to age, health, or other factors. The court carefully considers the circumstances to ensure fairness and equity.
Everyone’s support was wonderful, and so needed, during such a brutal, emotional, and heartbreaking time. - M.F.
Who Gets Alimony in a Divorce?
The spouse asking for alimony or spousal support in New Mexico bears the burden of showing how much money he or she "needs" each month and the other spouse's "ability to pay" that amount, considering the overall allocation of property and debt in the divorce. The receiving spouse also must prove the length of time he or she needs to receive spousal support or alimony before becoming financially self-sufficient.
Determining alimony involves a comprehensive analysis of various factors by the court. Some key considerations include:
- Financial Disparities: The court assesses the financial positions of each spouse, taking into account income, assets, and potential future earnings.
- Duration of Marriage: Longer marriages may increase the likelihood of alimony being awarded as the court recognizes the financial interdependence that develops over time.
- Contributions to the Marriage: Non-financial contributions, such as homemaking or supporting a spouse's career, are considered when determining alimony.
- Health and Age: The health and age of each spouse play a role, especially if one party has health issues that limit their ability to work or secure employment.
- Custodial Arrangements: The court considers the custody arrangements of any children involved and the financial needs associated with childcare.
Navigating these factors requires the expertise of a skilled Albuquerque alimony lawyer. At NM Divorce & Custody Law, LLC, we diligently analyze the specifics of each case to present compelling arguments in support of our clients' alimony claims or defenses.
Is Alimony Tax Deductible in New Mexico?
Unlike child support, spousal support was deductible from the paying spouse's income for tax purposes and included in the receiving spouse's income for tax purposes. However, the tax law in the United States changed. For all alimony agreements or awards entered after December 31, 2018, spousal support is no longer deductible for the paying spouse or included in the receiving spouse's income for income tax purposes.
How Long Does Alimony Last?
Alimony ends when the receiving spouse dies or remarries (except for lump-sum, non-modifiable) and sometimes ends upon other events if the parties agree. Alimony or spousal support does not automatically end when the paying spouse dies. He or she must carry life insurance to secure the obligation to pay alimony.
Contact Our Albuquerque Alimony Attorneys Today
Alimony is a critical aspect of divorce that demands careful consideration and strategic legal representation. At NM Divorce & Custody Law, LLC, our attorneys will guide you through the complexities of alimony cases, ensuring your rights and financial interests are protected. If you need an Albuquerque alimony lawyer, trust us to advocate for you and work towards a fair and equitable resolution.
Contact NM Divorce & Custody Law, LLC today to schedule a meeting with our alimony lawyer in Albuquerque!
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