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New Mexico Separation Agreement

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Updated September 17, 2025

A New Mexico separation agreement is a contract between spouses that lets them determine issues of child support, alimony, division of property, and other matters typically associated with a divorce proceeding without formally ending their marriage. If the couple later chooses to divorce, the agreement can be the basis of a decree of dissolution.

Is a Separation Agreement Legal in New Mexico?

Yes, couples can create separation agreements on their own, and can petition a court to divide their property, determine spousal support, and child custody, without getting a divorce.[1][2]

Legal Separation Requirements

Sample

Sources

  1. § 40-2-8
  2. § 40-4-3
  3. § 40-4-5