How Does a Judge Determine Alimony (Spousal Support) in a Nevada Divorce?
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In a Nevada divorce case, the judge has discretion to award alimony to a requesting spouse. The amount must be based on consideration of specific statutory factors. A spouse seeking alimony can benefit significantly from representation by a knowledgeable family law attorney, because of the amount of evidence that must be provided to the court to support an alimony request.
Court Authority to Award Alimony in Nevada
The terms alimony, spousal support, and spousal maintenance all refer to court-ordered financial payments from one spouse to the other in a Nevada proceeding for divorce or legal separation. State law provisions in Subsection 1 of NRS § 125.150 authorize a judge to “award such alimony to either spouse, in a specified principal sum or as specified periodic payments, as appears just and equitable.” There is not an automatic entitlement or a formula for determining or calculating spousal support.
Subsection 2 of that section states eleven (11) specific considerations relevant to determining whether to award spousal support and the amount of the support:
- Each spouse’s financial condition
- Nature and value of the property of each spouse
- Spouse’s contribution to joint or community property
- Duration of the marriage
- Each spouse’s income, earning capacity, age, and health
- Standard of living during the marriage
- Pre-marriage career of the spouse who would receive the alimony
- Specialized education, training, or level or marketable skills attained by each spouse during the marriage
- A spouse’s contribution as homemaker
- Property award (excluding child support) in the divorce to the spouse who would receive the alimony
- Physical and mental condition of each spouse as it relates to the financial condition, health, and ability to work of the spouse
The court also must consider the need to award spousal support for the purpose of obtaining education or training in a job, career, or profession. The statute contains specific considerations for the court to weigh and evaluate in making this determination. In addition, a judge may evaluate additional facts in determining what is just and equitable in a specific case.
Fault and bad conduct that do not cause economic hardship are not considered in determining alimony. There also is no difference in gender entitlement to spousal support.
If a spouse requests alimony in a divorce case, the requesting spouse has the burden of demonstrating entitlement based on these statutory factors. For that reason, representation by an experienced, knowledgeable divorce attorney is essential.
Types of Nevada Alimony
As noted above, a grant of spousal support may be in period payments or a lump sum. In addition, there are several different types of alimony that may be awarded.
A Court may award temporary maintenance, alimony, or spousal support during the divorce proceeding to ensure financial stability during the case. Temporary support ends when the final divorce order is issued.
Rehabilitative alimony or spousal support is limited in duration and intended to give a lower-earning spouse a defined amount of time to complete education, job training, or professional certification to be financially independent.
Permanent spousal support is for a specific duration after the end of a divorce. It is not necessarily indefinite and can be modified for a change in circumstances. It is most often awarded after a long marriage, where a spouse is not likely to be able to become financially independent because of age, disability, or marital sacrifices.
Instead of periodic payments, spouses may agree to or a court may order lump-sum alimony to be paid at one time after the case is over. A lump sum allows a clean break and eliminates future disputes over modification. If the parties agree on an amount of alimony, the agreement must be submitted to the court for approval as part of a divorce settlement. A judge usually approves agreed alimony if the terms are not unconscionable and do not violate law.
Schedule a Free Consultation With an Experienced Las Vegas Divorce and Alimony Lawyer
Las Vegas family law attorney Joseph Gersten assists clients with all matters relating to Nevada divorce, including requests for award of alimony and spousal support. Attorney Gersten’s investigative background and trial experience are especially important in gathering evidence and presenting that information to the court, which can make all the difference in how a judge decides issues relating to alimony and other matters in a divorce proceeding.
At The Gersten Law Firm, your initial consultation is always free-of-charge. We help clients in Las Vegas, Henderson, and throughout Clark County with family and domestic matters. Call 702.857.8777 or complete our online form to schedule an appointment.
