2015 Mountain Rd NW, Albuquerque, NM 87104 (505) 247-3335

Establishing and modifying spousal support in New Mexico – litigation and out of court options, part 4

This post is the fourth in an 5 part series on spousal support in New Mexico. If you haven’t already read parts 1 – 3, I recommend you do before continuing.

Factors in determining spousal support (continued)

  • Prior agreements between the divorcing spouses – the judge will consider any prior agreements between the couple regarding the dissolution of their marriage, like a prenup or postnup. If the judge determines that the prior agreement is fair and was properly executed, the court will likely honor its terms.

What about non-litigated divorces?

In parts 1 – 3, we looked at the approach the court system takes to determining spousal support. But happens in out-of-court divorces, like collaborative divorces, or in divorce mediation? The process is similar, but there are some important differences.

collaborative law concept with books on desk. spousal support and collaborative law

Determining spousal support in collaborative divorces

There are many differences between a traditional, litigated divorce and a collaborative divorce. One of those differences is right in the name – in a collaborative divorce, lawyers emphasize collaboration with professionals in other fields like therapists, custody experts, child psychologists, and – particularly relevant to this discussion – financial planners and analysts. These professionals will use the negotiation sessions of a collaborative divorce to gather the information they need to propose a solution to the former couple’s financial disputes that is in the best interests of all parties involved.

Mediated divorce follows a similar approach, but is more loose and flexible. If you and your ex-spouse are already mostly in agreement about what the financial arrangements of your divorce should be, then mediated divorce will allow you to sort out the details. If you feel like you still have more work to do to get to that point, collaborative divorce may be the better choice.

Check back soon for Establishing and modifying spousal support in New Mexico – litigation and out of court options, part 5. In the meantime, check out our page on spousal support.