Nevada law provides little guidance about who is entitled to receive alimony during a divorce and how alimony should be calculated. No specific statutory formula provides for a dollar amount to be paid. Alimony in Nevada can be a complicated situation to navigate. When you need an alimony attorney in Henderson, the experts at Leavitt Family Law Group can help.
How is Alimony Determined in Nevada?
Alimony, also referred to as spousal support or maintenance, is a common court order for divorcing couples who have had lengthy marriages. The purpose of alimony is to support a spouse unable to continue the same standard of living they had when married after the separation. Numerous factors considered include each spouse’s financial status, employment or employment eligibility, and asset division from the divorce.
Who Qualifies for Alimony?
Either partner can seek alimony during the divorce process. Any alimony case begins with the requesting spouse’s need for financial help and the other spouse’s ability to provide support. If the court determines that help is needed, it uses several factors to determine the amount and length of alimony:
- the length of the marriage
- the physical and mental condition of both spouses
- the income, earning capacity, and financial situation of each spouse
- contribution both spouses made during the marriage
- the award of property that is granted by the court in the divorce
The judge will decide whether alimony is appropriate, how much a spouse is entitled to receive, and how long a spouse must provide support. Generally speaking, alimony is awarded in cases with a substantial disparity in the parties’ income levels. For more information and resources about divorce in Nevada, check out our blog posts.
Different Types of Alimony in Nevada
In Nevada, alimony is usually paid to the receiving spouse monthly. Sometimes, a one-time payment is made to provide the receiving spouse with a financial buffer while they find employment. Nevada has several types of alimony, each of which has specifications for how long and how often payments are required.
Temporary Maintenance – This type of spousal support is the only one made before a divorce is finalized. This is common during lengthy divorce proceedings when they are significant assets to divide.
Rehabilitative Alimony – This payment is intended for spouses who have been out of the workforce and may need additional education or training to find employment. The intent is to support these spouses while receiving further education or job training.
Short-Term Alimony – This is a short-term alimony arrangement ordered once a divorce is finalized. How long these payments last varies, but amendments to the arrangement can be made based on changes in one spouse’s financial situation.
Permanent Alimony – This type of alimony is most often ordered when one spouse is unable to work or if it is unlikely they will be able to reach the same standard of living on their own. These payments cease once the receiving spouse dies or remarries.
Alimony in Las Vegas and Henderson
When alimony is awarded in a divorce, payments are typically paid on a fixed monthly basis. Alimony can be modified if a substantial change in circumstances occurs. The court has defined a substantial change in circumstances as a 20% increase or decrease in gross monthly income. A substantial change in circumstances is also generally determined to occur when a recipient remarries. If you anticipate that spousal support will be a contested issue in your divorce, it’s critical to call an experienced alimony attorney in Henderson for help. The Leavitt Family Law Group attorneys have the expertise, skill, and resources to help you make informed decisions.
We Fight For Fair Treatment
Alimony is one of the most contentious factors that can complicate a divorce. Even spouses who want to end their marriage amicably often find themselves in heated arguments regarding alimony. When you need an experienced alimony attorney in Henderson or Las Vegas, the Leavitt Family Law Group can help. We take the time to learn about our clients and what is vital for their future. Once we understand what you need, we’ll fight aggressively to ensure you get it.
We have the knowledge and experience to carefully evaluate the facts of your case to determine whether an alimony award will be applicable and how much the probable calculation of support may be. Call us at 702-605-0065 for advice from one of our Henderson alimony attorneys today.
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