Alimony under Nevada Law
Alimony can be granted by the Court when one spouse makes a request for continuing financial support to be awarded on an ongoing basis from the other spouse after the divorce is finalized. Under Nevada law, different types of alimony include temporary spousal support, rehabilitative spousal support, lump sum alimony, periodic alimony, or permanent support.
The issue of alimony and other forms of spousal support is decided based on the unique facts of the case. An award of alimony becomes more likely for a marriage that lasted more than 10 years and for a marriage where on a person makes considerably less in income than the other person. When determining whether to award alimony, Nevada law provides for many factors that should be considered by the Court including:
- the length of the marriage;
- the lifestyle shared by the parties during the marriage;
- the age and health of each spouse;
- the education and earning ability of each spouse;
- the need of one spouse for support; and
- the ability of the spouse to pay support.
Call to schedule a consultation with one of our experienced divorce attorneys in Las Vegas, NV. During the consultation, the attorneys can help you understand the factors used by judges to award alimony in divorce cases in the Eighth Judicial District Court, Family Court Division, in Las Vegas in Clark County, NV.
If you need to discuss your divorce case involving spousal support or alimony with an experienced family law attorney in Las Vegas, Nevada, then contact Mills, Mills & Anderson. Our attorneys are experienced in demanding that the other party pays alimony. We are also experienced in representing the higher income spouse in defending against a request for alimony or spousal support.
Find out the best way to resolve your case so that your rights are protected based on the particular facts of your case. Call (702) 386-0030 today.
Alimony under NRS 125.150
Under Nevada law, the court may award alimony that is just and equitable under the provisions set out in NRS 125.150. If the parties have a prenuptial or premarital agreement enforceable pursuant to chapter 123A of NRS, then the Court should simply enforce those provisions of the premarital agreement.
If no premarital agreement addresses the issue of alimony, then the court should consider the factors set out in the statute when deciding whether to award alimony. Under NRS 125.150(8), the Court must also consider other factors when determining whether to award alimony and the amount of such an award. Those factors include:
- The financial condition of each spouse;
- The nature and value of the respective property of each spouse;
- The contribution of each spouse to any property held by the spouses pursuant to NRS 123.030;
- The duration of the marriage;
- The income, earning capacity, age and health of each spouse;
- The standard of living during the marriage;
- The career before the marriage of the spouse who would receive the alimony;
- The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage;
- The contribution of either spouse as homemaker;
- The award of property granted by the court in the divorce, other than child support and alimony, to the spouse who would receive the alimony; and
- The physical and mental condition of each party as it relates to the financial condition, health, and ability to work of that spouse.
Types of Alimony Awarded in Nevada
Depending on the circumstances of the case, the court can award different types of alimony including:
- Temporary Spousal Support - payments to the spouse after the separation but before the divorce is finalized;
- Rehabilitative Alimony - payments made to assist the spouse in obtaining additional career training or education;
- Lump Sum Alimony - a one-time amount of money paid to the spouse upon the divorce as alimony;
- Periodic Alimony - a series of smaller payments made periodically (usually on a monthly basis) for a certain amount of time after the divorce is granted;
- Permanent Alimony - a series of smaller payments made periodically (usually on a monthly basis) without any termination date other than the death of a party of the remarriage of the recipient spouse.
Temporary Spousal Support
Under NRS 125.040, the court is permitted to grant "temporary spousal support." The term "temporary spousal support" refers to the sums of money or property awarded from one spouse to another during a divorce action. It is also known as "temporary maintenance."
The purpose of temporary maintenance is to provide temporary support for the children of the parties and to enable the other party to carry on or defend the divorce action. The award for "temporary spousal support" can affect the properties of the parties after the court considers the financial situation of each party.
Rehabilitative Alimony in Nevada
In Nevada, the Court might order “rehabilitative alimony” that is intended to assist one spouse with obtaining career training or job-related education. An award of rehabilitative alimony in Nevada is intended to increase the job skills and earning power of one spouse so that the spouse can better support himself or herself after the divorce is finalized. Rehabilitative alimony is usually awarded for only a short period of time after the divorce is finalized.
Permanent Alimony in Nevada
Under Nevada law, the Court can award alimony on either a temporary or permanent basis. An award of "permanent alimony" will generally end when the person receiving alimony remarries. Permanent alimony also terminates upon the death of one of the spouses.
Modifications of Alimony in Nevada
Even after the divorce is finalized, one spouse can go back to Court to ask the Court to change or modify the amount of alimony. The attorneys at Mills, Mills & Anderson represent clients that are seeking to modify an alimony award and clients who are defending against such a request.
The request to modify the alimony amount must be based upon a substantial change in circumstances of one or both of the parties. A request to have alimony payments modified based on changed circumstances is brought under NRS 125.150(7).
The court may find that this remedy is not available if the divorce decree specifically states that the alimony payments could not be modified under any circumstances. See Gilman v. Gilman, 114 Nev. 416, 426, 956 P.2d 761, 767 (1998) (holding that because the parties' divorce decree included a specific provision regarding modification, the court would presume that they intended that provision, rather than the general changed circumstances doctrine, to apply).
Finding an Attorney in an Alimony Case in Las Vegas, NV
If your case involves a request for alimony then contact an experienced divorce attorney at Mills, Mills & Anderson to schedule a consultation. Find out what you need to do right now to protect your rights and resolve the case on the most favorable terms. We represent clients throughout Clark County, including Las Vegas, Henderson and North Las Vegas, Nevada.
During the consultation, the attorney can discuss with you the different types of alimony including temporary spousal support, rehabilitative alimony, lump sum alimony, periodic alimony, and permanent alimony. Learn more about the factors the judge in your case might use to make such a determination including whether to award alimony at all, what type of alimony to award, for how long to award alimony, and the amount to be awarded.
Call (702) 386-0030 today to discuss the unique facts of your case with an experienced divorce attorney in Las Vegas, Nevada.