Understanding Alimony in Nevada Divorces

There are several different types of alimony as contemplated in Nevada by Nevada law. The first type of alimony is known as rehabilitative alimony. Rehabilitative alimony we typically see in the form of college tuition. If a spouse foregoes their education to support their spouse so that they can obtain theirs to become a breadwinner for the family or to further their career or for future opportunities, in that circumstance, the court will allow for rehabilitative alimony, or the person that obtained their education has to pay for the tuition fees for the spouse that forewent their education to support the other spouse. The second type of alimony in Nevada is known as periodic alimony. Periodic alimony is paid for a set number of months and or years. It's a sum certain that that's paid until the court terminates the obligation again, usually for a set number of months and or years. The last and final type of alimony in Nevada is known as permanent alimony, also known as non modifiable alimony. Permanent or non modifiable alimony is paid generally for the remainder of a person's natural life. Typically when you have very long marriages, 30, 40 year marriages, and the parties are old and gray and they're incapable of working or didn't work during the very long marriage and it's time to get divorced in the event that there are assets or a spouse is still working, the court has the ability to require a party to pay permanent or non modifiable alimony for the remainder of a person's natural life. The amount and duration of alimony is determined by a judge in Nevada. In this circumstance, this judge has a substantial amount of discretion to determine how much is appropriate. The statute in Nevada is found in Nevada Revised Statute Chapter 125.150. In that circumstance, the judge looks at, you know, how long the marriage was, what assets a party is going to receive through the divorce process, their age, their health, employability, education received during the marriage. There's several different factors and that's a non exhaustive list. I would encourage encourage you to review the statute to determine the factors that the judge looks at in making a determination of alimony and for how long. But the easiest way to describe it is need and ability to pay. Whoever wants alimony must prove one, that they have a substantial financial need and cannot survive without the financial assistance of the other party, and two, that the other party has enough discretionary income. They have the ability to provide that financial supplement to them need and ability to pay. Again, it's an non exhaustive list, but I'd be delighted to sit down with you to discuss the factors and basically determine, in my professional opinion, how much alimony I think you're entitled to Alimony agreements can be modified over time depending upon how much income a person has and how much income they need to be able to survive on, unless the alimony award is non modifiable or permanent in nature. In that circumstance, the alimony obligation cannot be modified. But generally speaking, alimony can be modified dependent upon the needs of the parties. In the event that a spouse refuses to pay alimony and there is a binding court order in place, the spouse that is to receive alimony has certain collections available to them, specifically writs of garnishment against wages. You can lien houses, cars. You can obtain a writ of execution to collect it from other methods or sources of income. Thus, if a spouse refuses to pay, you can obtain special court orders to require garnishment or collections actions against the person who's obligated to pay his assets or income.