Alimony, spousal support, spousal maintenance, or domestic partner support (collectively, spousal support) is generally financial support in the form of periodic payments (usually monthly) paid by one spouse or domestic partner to the other spouse or domestic partner upon divorce.
The person paying spousal support or the person receiving spousal support may seek to modify the court’s order for support—usually by increasing it or decreasing it—due to a material change in circumstances of the person paying support or the person receiving support.
Spousal support laws vary from state to state and are generally located in a state’s statutes—often in the family or domestic code.
In New Mexico, alimony, also known as spousal support, is financial assistance provided by one spouse to the other during or after a divorce. The purpose of alimony is to mitigate the economic effects of divorce by providing a continuing income to a non-wage-earning or lower-wage-earning spouse. New Mexico courts consider several factors when determining the amount and duration of spousal support, including the duration of the marriage, the age and health of both parties, the earning capacity of each spouse, and the standard of living during the marriage. Either party can request a modification of the spousal support order if there is a material change in circumstances, such as a significant change in income, employment status, or health. The modification process typically requires showing the court that the change is substantial and affects the ability to pay or the need for support. The relevant statutes can be found in the New Mexico Statutes Annotated, particularly within the sections pertaining to domestic relations and family law.