Spousal Support

Spousal support (commonly referred to as alimony) can be one of the more contentious and complex issues in a divorce. This is particularly true when spouses are divorcing after a lengthy marriage or if there are significant differences in earnings or earning potential.

New Mexico courts are required to take a number of factors into consideration when determining whether to award spousal support. These include:

• Relative earning capacities of each spouse
• Income of each spouse
• Ages and health status of the spouses
• Length of the marriage
• The standard of living or lifestyle over the course of the marriage
• The type and nature of each spouse’s assets
• Income produced by the property owned by each spouse
• Agreements entered into by the spouses in contemplation of their dissolution of marriage or legal separation, such as a prenuptial or postnuptial agreement

An award of spousal support is within the discretion of the court and often with a wide range of potential outcomes. Presentation of evidence on either side of a spousal support case requires unique expertise.

The attorneys at Batley Family Law, P.A. have substantial experience in litigating complex spousal support cases as well as addressing these issues outside of court in a collaborative setting and through mediation, facilitation, or direct negotiations.

Contact our attorneys to help you resolve your concerns about the issues involving spousal support.