Alimony is a legal means by which a spouse can be paid by their former partner. This structure helps the former spouse maintain the standard of living they had while married. The goal of alimony is to ensure that neither spouse will have financial hardship following divorce. Nevada follows the same general guidelines as other states when it comes to awarding alimony. However, there are some differences in the types of support awarded depending on unique circumstances, pursuant to NRS 125.150.
What is Alimony or Spousal Support?
Alimony (also known as spousal support) is a payment from one spouse to another during or after the divorce process. It can be permanent or rehabilitative and paid by the higher income spouse to the lower income spouse.
How do Nevada courts decide who gets the award of alimony?
Nevada is a no-fault divorce state. This means that the court will not consider fault when deciding whether to award alimony. In Nevada, alimony is called spousal support or maintenance and can be paid by either spouse during or after a divorce. The court will consider the following factors when determining whether to award maintenance:
The duration of the marriage
The age and health of each spouse
Their earning capacities, educational levels and employability
Their individual financial needs
What types of alimony awards are available in Nevada?
In Nevada, the court can award alimony in three different ways:
Permanent spousal support – This is an ongoing payment that one spouse pays to another after a divorce or legal separation. It is generally awarded when one spouse has been financially dependent on their partner during marriage and will continue to be so after it ends. The amount of permanent spousal support will vary depending on how much you earn and how much your ex-spouse earns, as well as other factors like whether there are children involved in your case.
Temporary spousal support – This type of payment lasts only until your divorce is finalized, at which point it may become permanent if appropriate under Nevada law. Otherwise it must end once your divorce case is over. If temporary spousal support was awarded by a judge or jury and either party disagrees with its decision after trial completion but before final judgment has been entered by court order (a process called post-trial motions) then both sides must file written arguments within 20 days after trial completion. Their written argument outlines why they think this decision should be overturned or modified before any further action occurs.
- Rehabilitative – This is a type of support that is awarded to one spouse to help them become self-supporting. The court may order rehabilitative alimony if they believe it will benefit the recipient spouse and making them become self-sufficient. Rehabilitative alimony is awarded for a limited amount of time and only in certain circumstances. The court only awards rehabilitative alimony if it finds that both parties have an ability to pay.
Reno Spousal Support and Alimony Law Firm
Whether you’re seeking or fighting for spousal support during your settlement, you’ll want an attorney by your side. Contact our experienced alimony lawyers today for a consultation.