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Post-Divorce Agreements to Change Alimony Youll need to submit your signed agreement to the court (typically along with a form requesting a modification), so that a judge can review it and make it part of a new, official court order.
Establish Clear Objectives Assess Financial Situations. A thorough assessment of each spouses financial situation is crucial. Consider Different Types Of Alimony. Use Mediation As A Tool. Practice Transparency. Prepare For Compromise. Keep The Focus On The Future. Document Agreements Properly.
In New Mexico, there are three types of spousal support that can be awarded to you or your spouse. Long Term Alimony is the type most people think of when they hear the word alimony. Long-term support has an indefinite duration, which means its paid until the supported spouse dies or remarries.
Also considered a fair formula is the 1/3, 1/3, 1/3 formula, where you add both spouses income, divide by three, and then subtract the lower income from that amount. If the amount is greater than zero, that is the amount of alimony that should be paid.
If the marriage lasted 15-20 years, the receiving spouse could expect to get alimony for 30-40 percent of the length of the marriage. For marriages that lasted over 20 years, payments are typically ordered to continue for 35-50 percent the length of the marriage.
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If youre seeking to change alimony payments, it will be up to you to convince the court that there has been a substantial change in circumstances in your life or that of your ex-spouse that warrants a modification or termination of payments and your divorce agreement didnt say that you were prohibited from seeking a
If there has been a major change in circumstances for either party, it may be possible to modify existing alimony agreements. Such changes in circumstances may include an increase or decrease in income, a new living situation, job loss, or a significant new injury or illness.
Importantly, the modification provision generally only applies to future payments. If a party has already paid a lump sum in alimony, or if their obligation to pay certain periodic payments has already become due, the law generally prohibits modification.

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