Attorney
Almost every successful business has people in more public-facing roles and people who get things done behind the scenes. The different roles require different skill sets, and the people doing them may have different priorities, but by working together, they make the business a success.
Many families in the Albuquerque area operate similarly. One spouse has a big career, and the other holds things down on the home front. Together, they keep things running smoothly… until they don’t. When a marriage between a high-earner and a stay-at-home parent breaks down, and divorce is imminent, there are steps that must be taken to ensure each partner’s contribution is recognized.
As a seasoned family law attorney and former business owner, Bob Matteucci appreciates the value of a stay-at-home parent’s invisible labor. He can help you answer the questions: What happens to my financial security now that I’m no longer married to the person whose career I helped build? And how will I take care of my children going forward?
New Mexico’s Community Property Law Recognizes the Value of Invisible Work
Managing the household while your spouse built a business or career may have been your choice, and it may have been a dream come true. But that does not mean it was easy. Caring for your children, juggling finances and the day-to-day logistics of life is hard work. And you doing that work made it possible for your spouse to focus on their career and the financial security it provided.
New Mexico’s community property law respects this division of labor. With few exceptions, our state law considers everything earned or acquired during the marriage to community property. This means it is jointly owned and the value of it must be divided 50/50 in divorce. That includes real estate, investments, retirement accounts, and business interests.
In short: both partners contribute to the financial success of a marriage, so both should benefit from it.
Financial Support While the Divorce Is Pending
While our state’s community property law ensures stay-at-home parents will not walk away from a marriage empty handed, many are still hesitant to leave because they don’t know how they will financially survive the time between filing and finality.
Life doesn’t stop just because you want to get divorced. Bills, childcare, and daily expenses continue. And legal advice doesn’t grow on trees. To bridge the financial gap, New Mexico law allows people filing for divorce to seek temporary spousal support or alimony.
Once the divorce is finalized, ongoing spousal support may be available, depending on:
- Length of the marriage
- Age and health of both spouses
- Current and future earning ability
- Job training or education needs
- Childcare responsibilities
- Lifestyle maintained during the marriage
- Sacrifices one spouse made for the other’s career or business
- Contributions to a professional practice or business growth, and
- Assets, debts, and financial responsibilities of each spouse
Alimony can also be used as a bargaining chip if dividing the value of a couple’s assets 50/50 at the time of divorce would be difficult to do. Attorney Bob Matteucci’s financial know-how is a real asset in these circumstances.
Custody and Co-Parenting for Stay-at-Home Parents
If you’ve been the primary caregiver, custody and parenting time will naturally be a central part of your divorce. New Mexico courts focus on the best interests of the child, which generally means preserving strong, consistent relationships with both parents.
Stay-at-home parents often have an advantage in terms of familiarity with children’s routines and needs, but the goal is cooperative co-parenting, not competition. A thoughtful parenting plan should prioritize stability and structure, while allowing both parents to remain actively involved.
Once custody is settled, child support can be calculated using New Mexico’s statutory guidelines and worksheets.
Serving Families with Dignity & Compassion
Divorce is a major life transition, but for stay-at-home parents, it’s also an opportunity for the invisible labor you provided to be acknowledged. Your hard work is the foundation of your family’s success. Now, it’s time to build your next chapter, and the Matteucci Family Law team is ready to help you. Please contact us today to schedule a meeting.