The divorce process creates a situation that often includes disputes, emotions, changes and uncertainties. One major concern that divorcing couples in New Mexico and elsewhere in the nation deal with is financial support in their post-divorce life. The fear of moving on and not being able to support him or herself following dissolution could become a real issue, which is why some spouses request alimony in the divorce proceedings.

According to section 40-4-7 of the New Mexico statutes, several decisions could be made regarding spousal support in a divorce agreement. Depending on the circumstance of the marriage and the spouse’s property, the court seeks to make a just and proper award of alimony when it is determined that support is need post-divorce.

First, rehabilitative alimony could be awarded. This helps the spouse increase their ability to support themselves financially. Many times, this type of spousal support is awarded when a spouse quit their job or school in order to be a stay at home spouse or parent. The spouse needs to receive the education, training or work experience necessary to reach to a self-sustaining level. Once they do, the alimony payments will stop.

Next, transitional alimony could be awarded. This occurs when a spouse needs to supplement their income for a limited time following the divorce. Third, spousal support could be awarded for an indefinite duration. This is also known as permanent alimony and will support the recipient spouse indefinitely.

Fourth, a single sum could be agreed upon that could be paid in either one or multiple payments. This would specify exact amounts that in some cases would only cease if the receiving spouse passed away.

The type of alimony awarded is often based on the details of the marriage, the existence of a prenup or postnuptial agreement and the terms of the dissolution. Those dealing with this or other divorce issues should understand their legal options and rights so they can reach a fair and amicable divorce agreement.