In Nevada, alimony is referred to as spousal support. The court may order spousal support for a period of time or until a specific event occurs, such as the remarriage of the receiving spouse. Spousal support is typically awarded as a lump sum or in periodic payments. This guide will answer some common questions clients have about alimony in Nevada.
7 Questions About Spousal Support In Nevada
1. Who decides if alimony will be awarded in Nevada?
In Nevada, alimony is determined by the court. The court will consider a variety of factors when deciding whether to award spousal support, including the length of the marriage, the couple's standard of living during the marriage, each spouse's earning capacity, the age and health of each spouse, and the contributions each spouse made to the marriage.
2. What is the process for requesting alimony in Nevada?
The process for requesting alimony in Nevada is complex, requiring careful consideration of your case's facts and a thorough understanding of the law. To begin the process, you must first file a Petition for Divorce with the court in the county where you or your spouse reside. In this petition, you will need to provide information about your marriage, including the marriage's length, the parties' assets and debts, and other relevant facts.
3. What are the different types of alimony?
Nevada has three primary types of alimony: temporary, permanent, and rehabilitative.
Temporary alimony is awarded to the recipient's spouse while the divorce is pending. This type of spousal support is common during lengthy divorce proceedings when there are significant assets to divide and needs financial support for a short duration.
Permanent alimony is awarded when one spouse cannot become self-supporting due to age, disability, or other factors.
Rehabilitative alimony is designed to support a spouse while they become self-supporting. The recipient spouse generally receives support while they further their education or participate in job training opportunities.
4. How is the amount of alimony determined?
A variety of factors determine the amount of support awarded in a divorce. The court will consider the length of the marriage, the earning potential of each spouse, the standard of living during the marriage, the age and health of each spouse, and any other factors that may be relevant to the case. The court will also consider the financial needs of each spouse.
5. Can alimony be modified?
The most common way to modify alimony is through a court order. The court can modify alimony based on a change in circumstances that affects the ability of either party to pay or receive support. For example, the court may modify the amount if the paying spouse loses their job or suffers a severe injury affecting their ability to work.
6. What happens if the receiving spouse remarries?
If the receiving spouse remarries, spousal support payments will usually end. This is because the purpose of alimony is to provide financial support to a former spouse who cannot support themselves financially. When the receiving spouse remarries, they no longer need financial support from the paying spouse.
7. What are the consequences of not paying alimony?
The consequences of not paying court-ordered alimony can be severe. Depending on the jurisdiction, those who fail to pay alimony may face civil or criminal penalties. Sometimes a court may order wage garnishment, which takes money directly from an individual's paycheck for support payments. In other cases, a court may order a lien on the individual's property or assets, which prevents them from selling or transferring ownership of the property until the alimony is paid in full.
The Leavitt Family Law Group is Here to Help
When you need a family law attorney in Henderson, Nevada, call the Leavitt Family Law Group at 702-447-0084 or contact us online. We serve clients in Henderson, Las Vegas, and surrounding communities.
The Leavitt Family Law Group team is ready to help you with aspects of your divorce, from child custody to spousal support and asset division. We will work hard to protect your rights and secure the best outcome for you and your family.