Judges in New Mexico may issue a spousal support order, or alimony, to help a dependent spouse afford the cost of living during a divorce.
There are generally two kinds of spousal support orders: temporary and permanent. Our Albuquerque alimony law office can explain what both terms signify and how it can apply to you.
What Is Temporary Spousal Support?
One common mistake is thinking that temporary vs. permanent support denotes duration of the legal order. This is not the case. Rather, these words indicate when the order becomes effective, that is, prior to or after the divorce or legal separation.
For instance, a temporary spousal support order is one that a judge might issue after a couple separates but continues to be legally married. This could be granted to a spouse who has an immediate need for money as a result of separation, such as a supporting party who doesn’t have a job and is abruptly cut off by the higher earner.
A person is eligible to request spousal support once family law proceedings have been initiated and even prior to a legal separation or divorce. It is also something that can be requested in a domestic violence restraining order case. The decision will have to be made on the individual case and by the judge.
What Is Permanent Spousal Support?
Permanent alimony is referred to as long-term spousal support in California, but it’s not always “permanent” in duration. It is not a separate action; rather, it is simply a final judgment entered once a family matter has sorted itself out.
Permanent spousal support is based upon higher income disparity, so occurs most often in situations of long-term marriage (10 years or longer) and in marriages where one spouse gave up a career to stay home with children and one earned a high income.
Generally, the longer the marriage will continue, the longer the support order will continue. Permanent alimony will last around half the length of the marriage if its duration is under 10 years. In cases where marriages have lasted more than 10 years, child support can extend for the duration in which the recipient is financially dependent. This could be for many years.
How Is Spousal Maintenance Calculated?
The court will consider various factors when determining spousal support. There is no specific amount of maintenance that all couples receive. A significant number of divorce and legal separation cases do not involve spousal support at all.
The courts will take into account:
- The needs of each party with the standards of living during the marriage
- How much the lower earner contributed to the other’s career or educational pursuits
- The capacity to pay spousal support of one of the spouses
- The extent that the supported party might be capable of maintaining gainful employment
- Length of the marriage
- Note age and health of both parties
The duration of a temporary or permanent spousal support order will be based on the facts of the case. The court will sometimes order a termination if things have changed, such as the recipient getting remarried.
Opportunities for agreements about when spousal support ends Couples also are free to memorialize in writing when spousal support ends, and a judge will treat such provisions just like any other contract.
Contact The Law Office of Anthony Griego LLC to discuss the issue of spousal support in your family law case by taking advantage of a consultation with our trained expert lawyer.
