Sometimes the universe throws us a story so filled with intrigue that even the most stoic attorneys can’t help but chuckle. In July 2025, the Astronomer CEO Andy Byron was caught on a “Kiss Cam” at a Coldplay concert in Boston, embracing the company’s Chief People Officer Kristin Cabot as the camera zoomed in. Both executives appeared startled and quickly tried to hide from the spotlight, but the video spread across social media at warp speed. The episode was widely reported and triggered a flurry of speculation about their personal lives. An article from The Economic Times clarified that Cabot and her former husband Kenneth C. Thornby had already divorced – they filed in 2018 and finalized in 2022 – yet the clip still sparked questions about workplace relationships and potential divorces.

While the internet buzzed over cosmic love triangles, practitioners here at Genus Law Group in Albuquerque saw an opportunity to demystify New Mexico’s nofault divorce laws. Many people assume that scandalous behavior automatically translates to a larger share of marital assets or punitive alimony. In reality, the law is much less interested in viral gossip and far more concerned with fairness, transparency, and the best interests of any children involved. In this article, we’ll take a lighthearted yet informative look at the Astronomer episode and use it as a springboard to explore how the divorce process, property division, spousal support, and custody work in New Mexico – all without relying on outside sources other than our own firm’s analysis and publicly reported facts.

Starcrossed Executives: The Headlines Versus the Facts

The nowfamous concert clip showed Byron holding Cabot’s waist as the Kiss Cam lingered. He quickly stepped back and she attempted to shield her face, but not before tens of thousands of fans recorded the moment. People wondered whether Byron – who is married with two children – was headed for a divorce. Others speculated that Cabot might still be married. Public records put those rumours to rest: Cabot and Kenneth C. Thornby filed for divorce in 2018 and it was finalized in 2022, and the former spouses reportedly share a child for whom Thornby pays support. Astronomer has not made any official statements about the concert video, and nothing in the clip provides legal grounds for a lawsuit.

From a lawyer’s perspective, the event is a perfect illustration of how public perception and legal reality diverge. People often expect that scandalous conduct will be punished in divorce proceedings. But under New Mexico’s nofault system, the focus is on resolving practical issues fairly – not on assigning moral blame. Even if a spouse is publicly embarrassed by a partner’s behavior, judges typically do not impose financial penalties for indiscretions.

Nofault Divorce: Focusing on Resolution Rather than Blame

New Mexico is a nofault divorce state, which means that neither spouse has to prove wrongdoing to dissolve the marriage. The most common basis for filing is incompatibility – essentially, that the marriage is irretrievably broken and there is no prospect for reconciliation. Either spouse can file for divorce as long as one of them has lived in New Mexico for at least six months and intends to remain here. There is no requirement that both parties agree to the divorce; one partner cannot legally prevent the other from ending the marriage.

At our firm, we occasionally see clients interested in pursuing a faultbased divorce. New Mexico law still allows petitions based on adultery, abandonment or cruel treatment, but such filings are rare and generally do not lead to better outcomes. Courts treat fault as a minor factor in dividing assets or awarding support, and the added litigation tends to increase stress and expense. In most cases, nofault filings based on incompatibility are faster, less acrimonious, and easier to prove.

Stepbystep: Navigating the Divorce Process in New Mexico

Divorce can feel like navigating the asteroid belt, but understanding the process reduces anxiety. Here’s a simplified guide based on our experience representing clients across the state:

Consult with an attorney and prepare. At Genus Law Group, we advise clients to gather financial documents, consider their goals and prepare to discuss key issues such as property, debts, children and support. A lawyer helps strategize when to file and how to protect assets and income.

File the Petition for Dissolution of Marriage. Either spouse may file in the district court where they live, providing their “wish list” of requests for property division, alimony, custody and support. A filing fee is required.

Serve the divorce papers. After filing, the petition and summons must be formally served on the other spouse by a process server, sheriff’s deputy, certified mail or personal delivery. Once served, the respondent has 30 days to file an answer.

Request temporary orders if needed. Divorcing couples often need temporary guidance on who lives in the marital home, who pays which bills, and how children’s schedules will work while the case is pending. Courts can order interim child custody, child support, spousal support, or use of property until a final settlement is reached.

Exchange financial disclosures and conduct discovery. Both spouses must provide complete financial information – pay stubs, tax returns, bank statements, retirement accounts, property deeds and debts – so that property division, child support and alimony can be fairly calculated. If one spouse suspects hidden assets, attorneys may use subpoenas, depositions or forensic accountants to uncover the truth.

Negotiate property and debt division. New Mexico is a community property state, which means that assets and debts acquired during the marriage are considered jointly owned and are divided equally. Separate property, such as assets owned before the marriage or received as gifts or inheritances, remains with the original owner. Attorneys help clients identify which assets fall into which category and negotiate equitable distribution.

Address child custody and support. If children are involved, the court will adopt a custody arrangement that serves the child’s best interests. New Mexico courts typically favour joint legal custody, where both parents share decisionmaking authority, and encourage generous timesharing agreements unless there are concerns about abuse or neglect. Child support is calculated using state guidelines based on each parent’s income and the amount of time the child spends with each parent.

Consider spousal support (Alimony). If one spouse earns significantly more than the other, the lowerearning spouse may request alimony. Courts consider factors such as the parties’ age, health, earning capacity, length of marriage, property awarded and standard of living. Judges may award longterm alimony for marriages of twenty years or more, transitional alimony for short periods to help the recipient adjust financially, or rehabilitative alimony to pay for education or training.

Mediation, negotiation or trial. Many divorces settle through mediation – a facilitated negotiation with the help of a neutral mediator – or through direct negotiation between attorneys. If no agreement is reached, the case proceeds to trial where a judge decides unresolved issues.

Finalize the divorce. Once all disputes are resolved, the court issues a Final Decree of Dissolution of Marriage, legally ending the marriage and setting forth binding terms for property, custody and support. After the decree, spouses should update financial accounts, insurance policies and estate plans.

Community Property and the Division of Assets: Equal Shares in a Spaceage Economy

One of the biggest misconceptions we encounter is the belief that adultery or embarrassing conduct automatically changes the division of marital property. In New Mexico, that is simply not the case: behavior during the marriage does not alter the equal division of community property and debt. The law presumes that both spouses contributed to the accumulation of assets – whether through income, childrearing or supporting a partner’s career.

What Counts as Community Property?

Community property includes all income earned during the marriage, houses and vehicles purchased together, retirement accounts and pensions accrued, and investments or businesses started after the wedding. For executives like Andy Byron, company stock options, restricted stock units and bonuses earned while married are likely community property. To divide them, attorneys and financial experts often value the shares and either divide them directly or offset their value against other assets (for example, one spouse keeps the family home while the other keeps more company stock).

What is Separate Property?

Separate property remains with the original owner and is not divided in divorce. This includes assets each spouse owned before the marriage, gifts or inheritances received individually, and certain personal injury settlements. However, if separate property appreciates in value during the marriage because both spouses contributed to its upkeep or improvement, the appreciation may be treated as community property. Accurate tracing and documentation are essential to determine which portion is separate and which is community.

Valuation and Negotiation

Valuing community property can be complex. There is a tendency to overvalue assets the other spouse wants and undervalue assets you wish to keep. In highasset divorces, we often engage appraisers to value real estate, businesses, art, jewelry or patents. Our goal is to achieve a fair split – not necessarily an exact split of each asset. Judges usually look at the total value of community property and divide it equitably, meaning one spouse may receive the house while the other receives stock of comparable value.

Spousal Support: Balancing Finances in the Aftermath of a Breakup

Unlike child support, alimony is not governed by a strict formula. Courts evaluate each couple’s unique circumstances. New Mexico judges look at the age, health and incomes of the spouses; their respective earning capacities; the length of the marriage; and the amount of property each party receives. They also consider whether one spouse sacrificed career opportunities to support the family or pursued education and training.

Types of Alimony

Longterm alimony: Generally awarded in marriages lasting twenty years or more, it continues until the recipient remarries or either spouse dies.
Transitional alimony: Shortterm support (often about a year) intended to supplement the recipient’s income while they adjust to single life.
Rehabilitative alimony: Financial support that allows a spouse to obtain education, training or credentials to become selfsufficient.

Payment Options and Negotiations

Alimony is usually paid monthly, but couples may agree to a lumpsum buyout. For example, if a court determines the paying spouse owes $1,000 per month for two years, a lumpsum buyout would total $24,000. This can be paid in one installment or multiple payments. Lumpsum settlements provide certainty but require careful financial planning and may involve tax considerations. Where there is significant property, spouses sometimes negotiate to waive or reduce alimony in exchange for receiving more of the marital assets.

Avoiding Alimony or Securing It

Our clients often ask whether they can avoid paying alimony or maximize the amount they receive. The answer depends on the facts. If both parties earn similar incomes, a court may decide that no alimony is necessary. If there is a disparity, we may attempt to offset support with property division. When representing a lowerearning spouse, we ensure alimony is included in the divorce petition and negotiate for a fair amount early on. Modifications are possible if circumstances change significantly, but courts require proof of a substantial change in income or expenses.

Custody and Parenting: Orbiting Around Your Children’s Needs

New Mexico courts prioritize the best interests of the child when deciding custody and visitation. They distinguish between legal custody (the right to make major decisions about education, health and religion) and physical custody (where the child lives). Courts usually grant joint legal custody, believing it benefits children when both parents collaborate. Physical custody can be joint or primary; if one parent has primary physical custody, the other receives visitation unless there are safety concerns.

A 50/50 State

New Mexico is sometimes referred to as a “5050 state” because judges seek to ensure both parents remain actively involved. They design timesharing schedules that are as equal as possible, though actual splits may be 50/50, 60/40 or 70/30 depending on work schedules, the children’s ages and extracurricular activities. Judges will not deny visitation unless there is evidence of abuse, neglect or substance abuse.

Parenting Plans

Parents must submit a parenting plan that details legal and physical custody, holiday schedules, vacations, education and healthcare, decisionmaking procedures and dispute resolution. A welldrafted plan prevents confusion and reduces future conflict. Should circumstances change – for example, a parent moves or the child’s needs evolve – either parent can request a modification if the change materially affects the children.

Sole Custody and Unfit Parents

Sole custody is rarely awarded and generally only when a parent is deemed unfit – meaning there is provable abuse, neglect, substance abuse or dangerous behavior. Courts evaluate whether a parent has placed the child in dangerous situations, has a history of violence or suffers from mental health issues that impede safe parenting. Even then, judges often order supervised visitation or reintegration therapy to preserve the parentchild relationship.

What Happens if a CEO’s Marriage Ends?

As a playful thought experiment, let’s imagine that Andy Byron and his spouse decide to divorce in New Mexico. Byron, as CEO of a venturebacked tech company, likely receives a mixture of salary and equity. Under community property rules, any stock options, bonuses or business growth acquired during the marriage are shared equally. Valuing a startup is tricky, so the spouses would probably hire experts to estimate the shares’ value. They might decide that Byron keeps more of his company stock while the other spouse keeps the family home and retirement accounts, or they might pursue a lumpsum alimony buyout to balance the scales.

If the couple has minor children, the court would encourage a parenting plan that allows both parents to remain involved. Judges would examine each parent’s work schedule, involvement in the children’s lives and ability to cooperate when crafting a timesharing arrangement. Regardless of the headlines, the Coldplay video would not tip the legal scales. Nofault divorce means the Kiss Cam cameo isn’t a legal factor. The case would turn on the same principles that apply to all New Mexicans: fair division of property, appropriate alimony based on need and ability to pay, and custody decisions centered on the children’s welfare.

Cosmic Lessons for Clients

The Astronomer incident may be gossip fodder, but it underscores several practical lessons for those contemplating divorce:

Focus on facts, not scandal. Viral moments and personal grievances rarely affect legal outcomes in New Mexico. The law emphasizes fairness and children’s best interests.

Prepare and document. Collect financial records, list assets and debts, and consult with an attorney early. Proper documentation ensures accurate property division and may prevent hidden assets from slipping through.

Consider mediation. Public figures often prefer quiet resolutions. Mediation can produce creative settlements and minimize negative publicity.

Protect your image. Encourage clients to exercise discretion in public. While courts don’t punish embarrassing behavior, reputation matters in business and social circles.

Design thoughtful parenting plans. When children are involved, demonstrating active engagement in their education, healthcare and extracurricular activities is crucial to securing favorable custody arrangements.

The Takeaway: Keep Your Eyes on the Horizon

Internet gossip may orbit around the Astronomer CEO and Kristin Cabot, but the law remains grounded. New Mexico’s nofault divorce system strives to untangle marriages respectfully and equitably, regardless of the celestial drama playing out on social media. Property acquired during the marriage is split equally; alimony is based on need and ability to pay; and custody decisions revolve around what’s best for the children. Misbehavior – even if it goes viral – is rarely relevant.

For anyone pondering divorce – whether you’re a tech executive or a stayathome parent – the message is clear: consult a qualified attorney, gather your documentation and focus on the practicalities. With sound legal guidance, you can navigate the process with less turbulence and move toward a new chapter on firm footing. The stars may inspire romance and drama, but New Mexico’s divorce laws keep both feet planted on the ground.

If you are going through a divorce in New Mexico, call Genus Law Group at 505‑317‑4455 or Contact Us through our website. We’ll help you through every part of the process, and advocate effectively for your rights and your family’s future.

Anthony Spratley
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Experienced Divorce, Child Custody, and Guardianship Lawyer Serving Albuquerque and Beyond
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