A Quick Guide to Understanding Spousal Support

Spousal support in New Mexico can be confusing. Unlike child support, there are no statutory guidelines. In child support you can plug figures in to the guidelines and get a calculation of the obligation. However, spousal support is more of a factual determination. There are several factors that are outlined by the statute. The judge is supposed to listen to the evidence, consider the factors and make an award that is appropriate. The spousal support award could be a permanent award. It could be a temporary award. It could be a fixed sum. It could be a monthly amount. The fact is that spousal support depends on the facts of each case. This is true in terms of the duration as well as the amount of the obligation. There are some overarching factors that give a good sense on whether spousal support is a factor in your case.

  1. Duration of marriage: The longer you are married the more likely you will be faced with dealing with a spousal support obligation.
  2. The need: Does one person need spousal support? do they need it indefinitely? Or…do they just need it to help them get retrained? Need is a huge factor when it comes to the issue of spousal support.
  3. The ability to pay: Even though the other party may have the need for spousal support if the other party doesn’t have the ability to pay spousal support then it will be challenging to get a spousal support award.

These are just a few of the factors that are relevant to a spousal support obligation. If you need more help regarding spousal support contact our spousal support attorneys at 505-880-8737 or email us at info@JusticeLegalGroup.com.