Marital Separation or Property Settlement Agreements. Can I get a “legal separation” in New Mexico?
Yes. The Courts of New Mexico will grant, rather than a divorce, a decree of legal separation. A “marital separation”, including a “property settlement agreement”, is also simply another form of private contract between 2 people. They are not necessary for a divorce but can be helpful in various circumstances. Some people attempt to avoid judicial intervention by negotiating favorable separation agreements. This can be effort well spent. These type agreements include “pre-nuptial agreements” and “post-nuptial agreements”. New Mexico courts will approve agreements between spouses for the separation or “partition” of property as long as these agreements are properly drafted, are not unconscionable and are not made under any type of duress, coercion or undue influence. One of the most common reasons people pursue a legal separation rather than a divorce, is, by way of example only, if one of the spouses needs to keep health insurance provided by the other spouses employer. Tax Issues and
