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Divorce

gifts to paramours

A paramour is a person who is a love or romantic interest of a married person who is engaging in adultery with the paramour. Spouses engaged in adulterous affairs with paramours sometimes give gifts to their paramours, and often spend marital or community property on such gifts. The non-cheating spouse may pursue a reimbursement claim and ask the court to order the spouse who spent marital assets on a paramour to reimburse the marital or community estate—by returning the gift if it retains its value (jewelry) or replacing the funds with the cheating spouse’s separate property funds.

In New Mexico, which is a community property state, assets acquired during the marriage are generally considered community property and are owned jointly by both spouses. If one spouse uses community property to buy gifts for a paramour, the non-cheating spouse may have the right to seek reimbursement for the misused funds. New Mexico courts have the authority to consider the dissipation of assets when one spouse spends marital property on an affair. The non-cheating spouse can request the court to order reimbursement to the marital estate. This could involve returning the item if it retains value, such as jewelry, or compensating the marital estate with separate funds from the cheating spouse. The outcome of such claims can depend on the specifics of the case, including the nature of the assets spent and the local court's interpretation of community property laws.

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Divorce

gifts to paramours

Individual & Family Legal Plan

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New-Mexico State Code

New-Mexico State Code

Divorce

gifts to paramours

Articles