Alimony in Nevada -- A.K.A. Spousal Support
Alimony, also known as spousal support, involves payment by one former spouse to the other. In Las Vegas, alimony can begin during the divorce. Pursuant to NRS 125.040(a), until the parties are divorced, Alimony is called “temporary maintenance” and temporary maintenance or alimony can be awarded to the other party for their support, provide temporary support for children of the parties, or even to enable the other party to carry on or defend their lawsuit.
Clients often ask, “How much alimony do I have to pay?” Unfortunately, there is no way to determine exactly how much temporary maintenance or alimony has to be paid. Unlike child support, an alimony formula does not exist. The reason that a formula does not exist is that there are many factors under Nevada law that apply and ultimately it comes down to one party's need versus the other party's ability to pay and how much for how long. In Las Vegas, alimony and temporary maintenance is discretionary so an experienced attorney is necessary to protect your rights.
For purposes of discussion, we will call “Spousal Support” the amount that is awarded during the divorce process and “Alimony” that amount of any post-divorce continuing payment.
Contact our law office today to determine your rights (702) 834-6300
Initial Determination of Alimony In Nevada At The Time Of Divorce
In Nevada, the Court may award alimony pursuant to NRS 125.150. When the Court first determines alimony in a case at the time of the divorce, the Court is required to review all the factors in NRS 125.150(9)(a-k).
9. In addition to any other factors the court considers relevant in determining whether to award alimony and the amount of such an award, the court shall consider:
(a) The financial condition of each spouse;
(b) The nature and value of the respective property of each spouse;
(c) The contribution of each spouse to any property held by the spouses pursuant to NRS 123.030;
(d) The duration of the marriage;
(e) The income, earning capacity, age and health of each spouse;
(f) The standard of living during the marriage;
(g) The career before the marriage of the spouse who would receive the alimony;
(h) The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage;
(i) The contribution of either spouse as homemaker;
(j) 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
(k) The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse.
Rehabilitative Alimony in Nevada
The Court also must consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession pursuant to NRS 125.150(10)(a-b).
Modification of Alimony In Nevada
In Las Vegas, alimony may be modifiable up or down if either party can establish that a material change of circumstances occurred. For instance, did either party suddenly become unemployed or receive a significant promotion at work? That could be a material change. If you believe that there has been a material change in your case, you should contact The Jacks Law Group and schedule an appointment to determine whether you can have your alimony order changed.
The Jacks Law Group, PLLC will keep your best interests in mind, including the costs associated with legal assistance, and will help you with your Las Vegas divorce. Call us today (702) 834-6300.