When there is a disparity in income between married parties, a Nevada Court can award spousal support, also known as alimony, to the lower earning spouse. The Nevada Courts have broad discretion in determining spousal support awards. Denise Gallagher is also an Alimony Attorney.
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There are several types of spousal support. The first is temporary spousal support which is ordered to be paid by one party to another during the pendency of a divorce. The second type of alimony is a “lump sum” payment of alimony. This type of alimony is generally ordered at the termination of a marriage when there are significant assets from which one party may pay a lump sum of money to the other.
In a long-term marriage, a Court can order spousal support which is temporary or permanent in nature. Permanent alimony are periodic payments made until such time as either of the parties die or the receiving spouse remarries. Temporary alimony payments are also periodic payments; however, they have a fixed ending date.
Finally, a Nevada Court may order a party to receive rehabilitative spousal support. Rehabilitative spousal support is ordered to allow the receiving spouse to get education or training to either re-enter the work force or to allow for the spouse to obtain a higher-paying job.
The Nevada Courts have broad discretion to determine the type, amount and duration of alimony payments. The Nevada Courts must look at the factors set forth in NRS 125.150 when determining whether to award alimony as well as its amount and duration. Those factors are:
1. The financial condition of each spouse.
2. The nature and value of the respective property of each spouse.
3. The contribution of each spouse to any property held by the spouse pursuant to section 123.030 of the Nevada Revised Statutes.
4. The duration of the marriage.
5. The income, earning capacity, age and health of each spouse.
6. The standard of living during the marriage.
7. The career before marriage of the spouse who would receive the alimony.
8. The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage.
9. The contribution of either spouse as a homemaker.
10. 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.
11. The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse.
It should be noted that fault or bad acts of a spouse are not to be considered by the Court. A Nevada Court must also not consider the sex of the party requesting alimony. As such, it may be granted to either a husband or a wife.
Modification of alimony awards can be accomplished if the financial circumstances of the parties substantially change following the entry of the order. This is accomplished by the filing of a post-divorce motion.
Alimony is often the only financial security a spouse can rely on following a divorce. In order to protect that financial security, it is imperative that you retain an attorney who has significant experience in alimony cases. The Gallagher Attorney Group has handled hundreds of cases in which alimony awards have been ordered or modified. Call now to learn your rights.