What Are The 3 Types Of Alimony In New Mexico, And Do You Qualify?

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Are you going through a divorce in New Mexico and looking to get an alimony (also known as spousal support) award? You should already be talking to your divorce lawyer about this. Your lawyer will be able to determine whether you are eligible for alimony in New Mexico, and if you are likely to be awarded it. A strategy for court can be based on this information. Your divorce lawyer will also look at the different types of alimony that can be awarded in New Mexico and will concentrate their case plan for you on getting you the type that best fits your situation.

Here are the three different types of alimony you can be awarded in New Mexico:

1. Long-Term--If you've been married for more than 20 years, you may be eligible for long-term alimony. This is awarded in long marriages where the partner asking for alimony has not worked, worked very little, and/or has no marketable job skills or ability to get a job. Long-term alimony does not have a set end date, and your ex-spouse may be required to pay it to you for the rest of your life (or theirs).

The court does not like to award this type of alimony, as it prefers both spouses be self-supporting. Because of this, long-term alimony awards are rare, and are periodically reviewed by the court to determine if the alimony order can be lifted.

2. Rehabilitative--If you are able to work, but don't have any marketable skills, you may be awarded rehabilitative alimony. This type of alimony requires your ex-spouse to pay for you to go back to school or get vocational training.

The money must continue to be paid until you have a job and are self-supporting. A plan for getting you to self-sufficiency is usually included in this alimony order, and the alimony can be terminated if you don't stick to the plan.

3. Transitional--This is also referred to as temporary alimony. It is meant to give you the financial support you need to get back on your feet after a divorce, and is limited in nature. Courts rarely award it for more than two years after the divorce.

This type of alimony means you have the skills and means to work, and just need a little extra support to re-establish yourself as an independent single person.

Conclusion

Just because you've been married doesn't mean you will get alimony in your divorce in New Mexico. If the marriage was short in duration, or if you already work and make enough money to support yourself, you will likely not be awarded alimony. However, if you qualify for it, your divorce lawyer will see that you get it.

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4 December 2014

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