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New Mexico Spousal Support/Maintenance/Alimony Factors

In New Mexico the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the District Court will order support from one spouse to the other on a case-by-case basis as follows:

The court shall consider the following when making a decision regarding spousal support:  (1)     the age and medical condition of each spouse    (2)     the current and future income and earning capacity of each spouse;    (3)     the ability of the receiving spouse to be self-supporting;    (4)     the reasonable needs of the respective spouses, including:    (a)     the standard of living of the spouse while married;  (b)     the maintenance of medical insurance for the respective spouses; and   (c)     the appropriateness of life insurance, including its availability and cost, insuring the life of the person who is to pay support to secure the payments, with any life insurance proceeds paid on the death of the paying spouse to be in lieu of further support;   (5)     the length of the marriage; (6)     the property award;  (7)     the type and nature of the respective spouses’ assets; provided that potential proceeds from the sale of property by either spouse shall not be considered by the court, unless required by exceptional circumstances and the need to be fair to the parties; (8)     the type and nature of the respective spouses’ liabilities;    (9)     income producing assets  (10)     mutual agreements between the spouse.  (New Mexico Statutes - Article 4 - Sections: 40-4-7) 

You can also read more about New Mexico spousal support in the New Mexico state statutes located at: http://198.187.128.12/newmexico/.