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Showing posts with label 42-10-2. Show all posts
Showing posts with label 42-10-2. Show all posts

Thursday, June 30, 2011

Marital Settlement Agreements and Creditors' Claims

As part of my divorce mediation practice in New Mexico, I see a lot of "marital settlement agreements" (MSAs) and understand the pitfalls they can entail.  For example, under NMSA Sec. 42-10-2 and 42-10-3 certain assets such as annuities, money purchase plans, profit sharing pans, and individual retirement accounts are ordinarily exempt or protected from creditors' claims, through attachment, garnishment or other legal process--however, that protection can be waived if the parties are not careful.  A recent N.M. case addresses this head one.