Nevada Alimony 101
After a divorce, it can be difficult for both spouses to maintain the same lifestyle on their own. Sometimes, this can be accomplished for one spouse through the awarding of alimony. According to Nevada law NRS.125.150, the court “may award alimony to either spouse, in a specified principal sum or as specified periodic payments, as appears just and equitable”. Alimony is supposed to be practical and is not automatically ordered in a divorce. At Carlson & Work, our experienced divorce attorneys can help you attain the alimony you deserve.
Four Types of Alimony
There are four types of alimony that a judge can award in Nevada.
- Temporary: Temporary alimony is awarded if a spouse is financially dependent on the other and cannot otherwise cover their own living expenses during the divorce process. This type of alimony always ends once the court finalizes the divorce.
- Short-term: Short-term alimony is similar to temporary alimony, but it is awarded post-divorce and has a specific end date.
- Rehabilitative: Rehabilitative alimony is awarded to help a dependent spouse acquire the skills and education necessary for them to find employment following the divorce. Once that has been accomplished, the alimony is terminated.
- Permanent: Permanent alimony is typically awarded after long-term marriages where short-term alimony is not sufficient in supporting a spouse. This type of alimony is not as common as the other forms of alimony.
There is no alimony calculator in the state of Nevada to determine how much alimony should be paid. The only rule that a judge must follow when determining an alimony amount is that the award must be “just and equitable” to both spouses. Once the alimony amount has been decided, there are two ways that a spouse can pay alimony:
- Periodic: Alimony can be paid out in periodic payments. These payments usually occur monthly.
- Lump-sum: Alimony can also be paid out in a single lump sum, but most people opt for periodic alimony payments.
Unless a judge has ordered otherwise, alimony payments end when the dependent spouse remarries or if either spouse dies.
Factors Considered When Determining Alimony and the Amount
A Reno, Nevada judge considers several factors when determining whether or not alimony should be awarded and how much alimony should be awarded, including:
- The financial situation of each spouse.
- The nature and value of the property of each spouse.
- The length 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 contribution of either spouse as a homemaker.
- Whether the spouses have a prenuptial agreement (alimony will not be awarded if it goes against a Nevada prenuptial agreement).
Modification of Alimony
Alimony orders can be modified in Nevada. This usually occurs when the spouse paying alimony can no longer afford it.
Failure to Pay Alimony
Failure to pay alimony in Nevada can result in the seizure and sale of the defaulting spouse’s assets.
If you are going through a divorce and have questions on alimony, contact the knowledgeable divorce attorneys of Carlson & Work at 775-386-2226. Our family law attorneys can help you through your divorce process.