Understanding Alimony and Spousal Support in Nevada

What is Alimony/Spousal Support?

In the state of Nevada, alimony and spousal support are decided on by using a set of factors that are considered by a judge as well as NRS statutes. Before you know what may be considered to receive alimony or spousal support, it’s important to know the difference between the two. Spousal support is financial support given by one spouse to the other spouse before a divorce is finalized, like during a separation. Alimony is financial support given by one spouse to the other spouse after a divorce is finalized.

In Nevada, there are four different types of alimony or spousal support that may be awarded in a divorce case:

1. Temporary spousal support or “temporary maintenance” refers to sums of money awarded to one spouse from another spouse during a divorce action as “temporary maintenance.”
2. Permanent alimony is alimony that is awarded with no termination date or event specified. This alimony will cease in the case of death of either party, or if the recipient of the alimony remarries.
3. Temporary alimony is similar to the rules of permanent alimony, except there is a termination date set out in the future, or a terminating event with an uncertain date.
4. Rehabilitative alimony is support for the purpose of allowing the receiving spouse to obtain training or education relating to a job career or profession.

Alimony laws have changed over the years. Recently, in a 2019 federal tax reform bill, alimony was made non-deductible by payors, and non-includable by recipients. Another change made in recent history states that there is no difference between genders, meaning either husbands or wives may receive or be ordered to pay alimony.

It’s also important to know that Nevada is a “NO fault state” which means that bad acts, such as cheating, that don’t cause economic harm, may not be considered as reason for granting spousal support or alimony.

Who Pays and How Much?

Whether spousal support or alimony are awarded is decided by a judge based on varying factors. There is no definitive set of rules stating when alimony is granted or how much is paid. The general statute, NRS 125.150, only states that awarded alimony must be “just and equitable.” With that said, judges have discretion to decide whether or not alimony be awarded. Judges also have the power to determine how much alimony is awarded, and for how long. Any of the circumstances listed below may be considered when making such decisions:

• The financial condition of each spouse.
• The nature and value of the respective property of each spouse.
• The duration of the marriage.
• The income, earning capacity, age, and health of each spouse.
• The standard of living to which the couple is accustomed.
• The career before the marriage of the spouse who would receive the alimony.
• The contribution of each spouse to any property held by the spouses pursuant to NRS 123.030.
• The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage.
• The contribution of either spouse as homemaker.
• The physical and mental condition of each party as it relates to the financial condition, health, and ability to work of that spouse.
•  The award of property granted by the court in the divorce, other than child support and alimony, to the spouse who would receive the alimony.

Please note that every situation is different and this list only touches on some of the factors that judges will consider. Other added factors specific to your case may be brought up for further consideration.

Other Factors to Consider

Judges will take into consideration the length of time a couple was married when determining whether or not to award a spouse alimony. A marriage of less than 3 years is unlikely to result in an award of alimony, but is not impossible. If the marriage is anywhere between 3 to 20 years, alimony could be granted for half the amount of time spent married. For example, a marriage of 10 years would result in alimony being paid for 5 years. Marriages longer than 20 years are likely to result in permanent alimony.

Modifications

If a change in employment or a change of income occur, modifications to the alimony may be made in order to keep the agreement “just.” An increase or decrease of 20% or more of the paying party’s income may result in alimony being modified to adjust the discrepancy. The court will make sure that the payor is not underemploying or unemploying him or herself to ensure the modification is honest and fair. A precluded modification motion may be made and this would stipulate that the alimony paid may not be modified later.

How Reno NV Family Lawyers Can Help With Spousal Support

Frequently an issue in divorce or post-divorce matters, alimony is determined by the court based on a variety of factors. Family Lawyers in Reno NV can help you determine the duration, cost, modification and termination of spousal support payments. To learn more about divorce lawyers in Reno, spousal support, and the role it will play in your divorce, schedule a consultation today!

Schedule a Consultation with Erin N. Grieve