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New Mexico Alimony & Spousal Support (2026)

Fully judge-decided — no formula

Unlike child support, New Mexico has no fixed formula for how much alimony (spousal support) costs or how long it lasts. A judge decides both based on a list of factors set out in NMSA § 40-4-7(E). There is no calculator that can honestly give you an exact number here — but the factors below are what actually drives the decision.

What determines alimony in New Mexico

Under NMSA § 40-4-7(E) (New Mexico Statutes Annotated, Chapter 40, Article 4, § 40-4-7(E)), a court considers:

  • Age and health of, and the means of support for, each spouse
  • Current and future earnings and earning capacity of each spouse
  • Good-faith efforts of each spouse to maintain employment or become self-supporting
  • Reasonable needs of each spouse, including the standard of living established during the marriage, maintenance of medical insurance, and the appropriateness of life insurance
  • Duration of the marriage
  • Amount of property awarded or confirmed to each spouse
  • Type and nature of each spouse's assets
  • Type and nature of each spouse's liabilities
  • Income produced by property owned by each spouse
  • Agreements entered into by the spouses in contemplation of the dissolution of marriage or legal separation

Good to know

  • NMSA § 40-4-7(E) lists ten factors for spousal support but sets no statewide formula or percentage for the amount, and marital fault is not one of the factors a court may consider.
  • Bernalillo County's Second Judicial District has an unofficial, non-binding "alimony guidelines" pilot worksheet (a percentage-of-income-difference calculation) that some local attorneys and mediators use informally to estimate settlement ranges. It is not codified in the NMSA, does not apply statewide, and does not bind any judge — this page reports New Mexico's actual statewide rule, which is discretionary factors only.

Also need a child support estimate?

Alimony and child support are calculated completely separately in New Mexico. If you also have children, use our free New Mexico child support calculator — that one does compute a real number, based on the official guideline formula.

Frequently asked questions

Is there an alimony formula in New Mexico?

No statewide formula exists. NMSA § 40-4-7(E) lists ten factors a court weighs to decide spousal support, with no fixed calculation. One judicial district (Bernalillo County) has a local, non-binding advisory worksheet some attorneys use for negotiation purposes, but it isn't state law and doesn't apply outside that district.

What factors determine alimony in New Mexico?

Under NMSA § 40-4-7(E), a New Mexico court considers each spouse's age, health, and means of support; current and future earnings and earning capacity; good-faith efforts to become self-supporting; reasonable needs including the marital standard of living; the marriage's duration; the property awarded to each spouse and the nature of their assets and liabilities; income produced by owned property; and any premarital or dissolution-related agreements between the spouses.

Source: New Mexico Statutes Annotated, Chapter 40, Article 4, § 40-4-7(E) · Last verified 2026-07-22

Disclaimer: This page explains the general legal framework for alimony in New Mexico and is for informational purposes only — it is not legal advice and does not predict the outcome of any specific case. Laws change; always verify with the official source above or a family law attorney licensed in New Mexico before making decisions.