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New Mexico law says, "Husband and Wife contract toward each other obligations of mutual respect, fidelity, and support."

Medical insurance and life insurance can be issued to a family.   

When they all live in the same house, the minor children will be covered.

When couples are married they have certain rights to and from each other.  A spouse has an insurable "interest" in the other spouse.  They can own insurance polices on each other.  They can each be the beneficiary of the other.     

A spouse becomes sick.  The other spouse can take part in the care and treatment of him/her.

Married couples are expected to take care of each other.  They will act for the good of each other.  They are not expected to take economic advantage of each other.

This not true when there is a mental health problem.  It is not true when a spouse is forced to enter a mental health home against his/her will. 

A police officer can make this decision.  A medical person can make this decision.  Or, a hospital can make this decision.

The decision can be based on the serious risk of suicide.  It can be based on a serious chance of harm to himself.  Or, it can be based on the serious risk of harm to others.

One year after the marriage a spouse is entitled to spousal social security.  This applies when one spouse dies.  It applies when a spouse is disabled.  And, it applies if ones spouse retires.

Children have the same rights, if they are under 18.  If a child is a full time student at elementary school or a secondary school, the age is 19.

A spouse is married to a worker for 10 years.  Then the spouse is divorced.  The spouse is entitled to a spousal benefit.

The spouse remarries.  The spouse cannot get the benefit.

People who are married can file federal and state tax forms as one person.

New Mexico allows premarital agreements.  These are agreements that say who gets what if the marriage fails. 

They have to be in writing.  They have to be made fairly.  They cannot be terribly unfair. 

To apply the agreement you have to do three things. 

1.     Each spouse must have a lawyer,
2.     Each spouse has to give information on assets and income,
3.     The agreement may not be  made too close to the wedding.

The topics that can be covered in a premarital agreement in New Mexico are:

1.      rights and obligations about property. This covers property owned at the time of the marriage. It also includes property gotten after the marriage. It includes the income and earnings from that property.
2.      the right to use it to guarantee loans and to manage or sell it.
3.      the division of the property at death; at divorce, or other events.
4.      making a will,
5.      who owns life insurance, how the money from it will be divided up,
6.      what law will control the agreement, and
7.      anything else allowed.

You have to be thinking of marriage to make this agreement.

It becomes effective after the marriage is made.

These agreements cannot a have a bad effect on rights to support spouse or child.

It cannot have a bad effect on child custody.

It cannot have a bad effect on a person's choice of where to live.  It cannot interfere with a person's decision to have a career.

Both spouses act as if the agreement doe not exist.  It will be canceled.

The agreement cannot break New Mexico law.

Any property that is gained by either of the spouses belongs to both.

Joint property is also community property.

Some property is property that belongs to only one spouse.  The way it comes to that person is what makes it so.

It can be inherited.  It can be a gift.  It can be agreed to be separate property.

It can be gained after a divorce.  It can be gained after a separation.  Or, it can be declared separate by the court.

The word property includes its increase in value and any profits from it.

The meaning of the property includes:

1.     pension and retirement benefits,
2.     stock options,
3.     insurance policies,
4.     income and bonuses,
5.     real estate,
6.     leases and options to buy,
7.     stocks and bonds,
8.     cash,
9.    claims in law,
10.   liquor licenses, and
11.   goodwill.

Any debts created during a marriage are community debts.  Each spouse is responsible for his/her half.

The spouse creating a separate debt must repay it.  They can be,

1.      debts made before marriage or after divorce;
2.      debts declared separate when made;
3.      debts from an illegal act or injury;
4.      debts that are unreasonable;
5.      debts after a legal separation.

For mortgages and long-term loans both spouses must sign.  This is called "joinder".

Married persons cannot change their relationship by signing a contract.

They cannot change any of the things listed:

1.      their good faith duty to each other about property;
2.      their duty to support their children;
3.      their duty to care for their children;
4.      their duty to be a part of certain dealings;
5.      their right to get a divorce;
6.      their right to collect damages for injury.

Both spouses must take part in the sale of property.

Children are born during a marriage.

They are legitimate if they are born 300 days before the end of the marriage.

The birth certificate says that they are the biological children of the married parents.
 
In New Mexico both parents have the right to raise their children.  And they have the duty to raise them.

The state may step in:  

1.      if the children are not in school;
2.      if the children are abused or neglected;
3.      if the children are the victims of domestic violence;
4.      if the children don't have the right medical treatment when it is life threatening;
5.      when there is juvenile crime;
6.      when there are custody problems.  This is during a divorce of separation;
7.      for adoption;
8.      when a child is on state aid or in custody.  This is true in a case of mental or physical disability.