Alimony and Spousal Support in New Mexico
How New Mexico decides spousal support (alimony), the factors courts weigh, and how marital property is divided.
Short answer: The court may award spousal support as is just and proper, including rehabilitative support (education, training or work experience to become self-supporting), transitional support for a stated limited period, support for an indefinite duration, or a single sum paid in installments. NMSA 1978 § 40-4-7
| Alimony (spousal support) | The court may award spousal support as is just and proper, including rehabilitative support (education, training or work experience to become self-supporting), transitional support for a stated limited period, support for an indefinite duration, or a single sum paid in installments. Factors include each spouse's age, health and means of support, current and future earnings and earning capacity, good-faith efforts to work or become self-supporting, reasonable needs (including the marital standard of living and medical insurance), the length of the marriage, and the property awarded to each. The statute sets no duration formula. NMSA 1978 Chapter 40 (Domestic Affairs) on NMOneSource, the official New Mexico Compilation Commission site. Source: NMSA 1978 § 40-4-7 |
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| Dividing property | New Mexico is a community property state. Community property is property acquired by either or both spouses during the marriage that is not separate property. Separate property includes property acquired before marriage or after a divorce decree, property received by gift, bequest, devise or descent, and property designated as separate by a court judgment or a written agreement between the spouses. NMSA 1978 Chapter 40 (Domestic Affairs) on NMOneSource, the official New Mexico Compilation Commission site. |
Where to get help in New Mexico
More New Mexico divorce & family law
- Getting a Marriage License in New Mexico
- Adopting a Child in New Mexico
- Guardianship of a Child or Adult in New Mexico
- Establishing Paternity in New Mexico
- Changing Your Name in New Mexico
- Child Custody Laws in New Mexico
- How Child Support Is Calculated in New Mexico
- How to File for Divorce in New Mexico
- Legal Separation and Annulment in New Mexico
- All New Mexico divorce & family law rules
FAQ
How is alimony decided in New Mexico?
The court may award spousal support as is just and proper, including rehabilitative support (education, training or work experience to become self-supporting), transitional support for a stated limited period, support for an indefinite duration, or a single sum paid in installments. Factors include each spouse's age, health and means of support, current and future earnings and earning capacity, good-faith efforts to work or become self-supporting, reasonable needs (including the marital standard of living and medical insurance), the length of the marriage, and the property awarded to each. The statute sets no duration formula.
Is New Mexico a community property state?
New Mexico is a community property state. Community property is property acquired by either or both spouses during the marriage that is not separate property. Separate property includes property acquired before marriage or after a divorce decree, property received by gift, bequest, devise or descent, and property designated as separate by a court judgment or a written agreement between the spouses.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.