Following divorce, a spouse may need financial support in the form of alimony, also known as “spousal support” in New Mexico. This type of financial support is meant to assist the spouse that demonstrates a financial need due to previous unemployment as a homemaker, has limited education or employment skills, or another situation where there is a disparity in income. There are three major types of alimony that can be awarded by a judge; these types of spousal support are long-term, transitional, and rehabilitative. Here at Wiseman Legal Group, we have experienced alimony attorneys that can help you navigate the process of paying or receiving spousal support in Albuquerque, as alimony is not automatically awarded by a judge during divorce.
Long-term alimony is typically the most difficult type of spousal support to obtain as there are many factors that contribute to a judge awarding it, such as the length of a marriage, the situation of the spouse who needs the financial support, health, assets, and the earning potential of the spouse in need. As long-term support is paid out indefinitely, the requirements to be awarded alimony are longer and often reserved for those marriages of 20 plus years.
Transitional alimony on the other hand is awarded to spouses who need assistance integrating back to a single lifestyle as their financial situation changes from married life. This type of spousal support is temporary and the support only lasts for a duration set by a judge in court, or until the receiving spouse re-establishes their income.
Rehabilitative alimony allows for the receiving spouse to pursue a degree, further education, or training for a potential career or career path. This type of alimony is meant to help the spouse receiving the financial support to become self-supporting in their new life following a divorce. Rehabilitative alimony requires the receiving spouse follow a rehabilitation plan and comply with court-ordered goals in order to continue receiving spousal support.
How to Qualify for Alimony
To see if you’re qualified to receive alimony, it’s important to request it when you file a dissolution of marriage, and before you and your spouse negotiate a Marital Settlement Agreement—as that is the best time to discuss your desired spousal support. In order to obtain a court order for alimony, a Marital Settlement Agreement with the spouse must be signed and agreed upon by both parties. The spouse petitioning for alimony must then collect information in order to prove to the court that they’re in need of spousal support, which includes all necessary documentation and evidence. A qualified and experienced family attorney makes this process easier as they can prepare you for the court through education and obtaining all documentation and agreements on your behalf.
Wiseman Legal Group has knowledge with alimony and fighting for an individual seeking financial assistance from their spouse following a divorce. We will provide you with trusted legal advice and will stand up for you in court in the event the requested financial support is not agreed upon by the other party. It is our mission to make the process easier and less stressful than navigating through it alone
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