Dividing Property and Spousal Support
Section 40-3-12 — property acquired during the marriage is presumed community property
Property acquired during the marriage by either spouse is presumed to be community property. Community property is what either or both spouses acquire during the marriage that is not separate property.
Who handles this in New Mexico: legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.
- Separate property is property acquired before the marriage or after a decree of dissolution.
- Property acquired by gift, bequest, devise or descent.
- Property a court decree, or the spouses' written agreement, designates as separate.
On final hearing the court may award spousal support as is just and proper under the circumstances: rehabilitative support tied to education or training toward self support, transitional support for a limited period stated in the order, support for an indefinite duration, or a single sum paid in installments.
While the case is pending, the court may restrain the use or disposition of either party's property and provide for the support of either party.
Sources for this section (3)
- NMSA 1978, § 40-3-8 — Classes of property
- NMSA 1978, § 40-3-12 — Presumption of community property; presumption of separate property where property acquired by married woman prior to July 1, 1973
- NMSA 1978, § 40-4-7 — Proceedings; spousal support; support of children; division of property
Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.