Alimony, also known as spousal support, is one of divorce’s most complex and emotionally charged aspects. Understanding how alimony works is crucial to navigating the financial aftermath of a marriage ending, whether you’re seeking support or the one who may have to pay. Let’s break down the factors that influence alimony decisions, the different types of support available, and what you can expect from the legal process.
Four Types of Alimony in Nevada
- Spousal Support: Financial support for a spouse is provided before the divorce is finalized. This assistance is commonly used during lengthy divorce proceedings, especially when significant assets need to be divided.
- Periodic Alimony: A periodic alimony arrangement may be established following a finalized divorce. The length of these payments can vary, and they may be adjusted if either spouse’s financial circumstances change. The payments typically end when the receiving spouse remarries or when either spouse passes away.
- Permanent Alimony: This form of alimony is usually granted when one spouse cannot work or is unlikely to maintain the same standard of living. It is often paid for the rest of the receiving spouse’s life.
- Rehabilitative Alimony: This alimony helps spouses who have been out of the workforce and need further education or training to find employment. Its purpose is to support them while they pursue the necessary education or job skills, enabling them to achieve financial independence.
Under NRS 125.150, a court “may award such alimony to either spouse, in a specified principal sum or as specified periodic payments, as appears just and equitable.” Judges can evaluate multiple aspects of the marriage and the financial situation of both parties.
Alimony Court Considerations
- Financial Conditions: The court assesses both spouses’ financial status, including income, earning capacity, and resources.
- Marriage Length: The duration of the marriage plays a significant role as longer marriages often result in high or longer-term alimony.
- Age and Health: Both parties’ physical and mental health are considered, mainly if one spouse cannot work for health reasons.
- Standard of Living: The court may try to maintain the standard of living established during the marriage, especially for the spouse seeking alimony.
- Career Before Marriage: If one spouse gave up a job or education to support the marriage or raise children, this could influence the alimony decision.
- Contribution to the Marriage: Non-economic contributions, including homemaking and child-rearing, are also considered.
- Financial Misconduct: If either party has abused marital assets or engaged in financial misconduct, it may affect the alimony decision.
Alimony can be temporary or permanent. Temporary alimony typically lasts a couple of years to help the receiving spouse transition out of the divorce. Permanent alimony is typically awarded after a long-term marriage, during which the receiving spouse may be retired or unable to work.
In Nevada, alimony is awarded on a case-by-case basis but typically to the lower-earning spouse to help them “get by” until they get back on their feet, not necessarily up to the standard they lived while married. It’s also important to note that Nevada is a no-fault divorce state, meaning the reasons for the divorce (like infidelity) do not directly affect alimony decisions.
Qualified Attorneys in Nevada
To fully understand the complexities of spousal support and how it may apply to your case, it is essential to consult with a licensed family law attorney in Nevada. Our firm can help guide you through these issues—contact Michaelson Law today to schedule a consultation.