New Mexico Marital Settlement Agreement
A New Mexico marital settlement agreement lets divorcing spouses divide their community property, set spousal support, and address custody and child support, then have those terms incorporated into the divorce decree. Attorney review available.
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Introduction
New Mexico is a community property state where community property and community debts are divided equally, 50/50, between the spouses (NMSA 1978, 40-3-8), which is why divorcing spouses use a marital settlement agreement, the written contract that settles their property, debts, spousal support, and (by reference) custody and child support, to have the terms incorporated into the final decree of dissolution that ends the marriage. New Mexico is a community property state: property acquired by either or both spouses during the marriage that is not separate property is community property (NMSA 1978, 40-3-8), and on divorce the community property and community debts are divided equally, 50/50, between the spouses. The court orders the division and control of the parties property as may seem just and proper (NMSA 1978, 40-4-7), and it will generally approve the split the spouses set in their own written agreement. Separate property stays with the spouse who owns it. New Mexico has no statewide formula for spousal support; a court sets a just and proper amount by weighing the factors listed in NMSA 1978, 40-4-7(E), such as each spouse's age, health, earnings, earning capacity, and reasonable needs, and the duration of the marriage. Custody and child support follow the New Mexico child support guidelines (NMSA 1978, 40-4-11.1), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. Once signed, the agreement is incorporated into the final decree of dissolution (New Mexico provides Form 4A-301 for this), and New Mexico has no statutory cooling-off period. DocDraft builds your New Mexico marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
New Mexico has no statutory cooling-off period before a divorce can be finalized, and a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be incorporated into the final decree of dissolution that ends the marriage.
- 2
New Mexico is a community property state: property acquired by either or both spouses during the marriage that is not separate property is community property (NMSA 1978, 40-3-8), and on divorce the community property and community debts are divided equally, 50/50, between the spouses.
- 3
The court orders the division and control of the parties property as may seem just and proper (NMSA 1978, 40-4-7). Spouses can set their own division in a written New Mexico marital settlement agreement, which the court will generally approve; separate property stays with the spouse who owns it.
- 4
New Mexico has no statewide formula for spousal support. A court sets a just and proper amount by weighing the factors in NMSA 1978, 40-4-7(E), including each spouse's age and health, current and future earnings and earning capacity, reasonable needs and standard of living during the marriage, and the duration of the marriage. There is no statutory percentage or duration.
- 5
Child support follows the New Mexico statewide child support guidelines (NMSA 1978, 40-4-11.1), with a rebuttable presumption that the guideline amount is correct and any deviation justified in writing; custody and child support stay court-approved and modifiable in the best interests of the child and cannot be bargained away.
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Once both spouses sign, the New Mexico marital settlement agreement is submitted to the court and incorporated into the final decree of dissolution, which turns the agreed terms into enforceable orders. New Mexico provides an official Marital Settlement Agreement form (Form 4A-301) for this.
- 7
A New Mexico marital settlement agreement must be in writing and signed by both spouses. The official Form 4A-301 includes a notary acknowledgment block, so the spouses sign before a notary public, confirming they are signing freely and voluntarily. New Mexico has no statutory cooling-off period between filing and the decree.
Key decisions before you file
Before you file a Marital Settlement Agreement in New Mexico, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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New Mexico Requirements for Marital Settlement Agreement
Community Property, Equal Division
New Mexico is a community property state. Property acquired by either or both spouses during the marriage that is not separate property is community property (NMSA 1978, 40-3-8), and on divorce the community property and community debts are divided equally, 50/50, between the spouses.
Spouses May Set the Division
The court orders the division and control of the parties property as may seem just and proper (NMSA 1978, 40-4-7). Spouses can set their own division in a written New Mexico marital settlement agreement, which the court will generally approve, and separate property stays with the spouse who owns it.
No Statewide Spousal Support Formula
New Mexico has no statewide formula for spousal support. A court sets a just and proper amount by weighing the factors in NMSA 1978, 40-4-7(E), including the age, health, earnings, earning capacity, and reasonable needs of each spouse and the duration of the marriage. There is no statutory percentage or duration.
Child Support Follows the Guidelines
Child support follows the New Mexico statewide child support guidelines (NMSA 1978, 40-4-11.1). There is a rebuttable presumption that the guideline amount is correct, and any deviation must be justified in writing. Child support cannot be bargained away.
Custody and Child Support Stay Modifiable
Custody and child support terms in a New Mexico marital settlement agreement remain subject to court approval and can be modified later in the best interests of the child. These terms are never fixed the way a property division can be.
In Writing and Signed
A New Mexico marital settlement agreement must be in writing and signed by both spouses. New Mexico provides an official Marital Settlement Agreement form (Form 4A-301) that the spouses complete and sign to record their agreed terms.
Notary Acknowledgment
The official New Mexico Marital Settlement Agreement form (Form 4A-301) includes a notary acknowledgment block, so the spouses sign before a notary public. Notarization confirms that both parties are signing freely and voluntarily.
Incorporation Into the Decree
Once signed, the agreement is submitted to the court and incorporated into the final decree of dissolution, and the parties are ordered to comply with it. New Mexico has no statutory cooling-off period between filing and the decree.