Las Vegas Attorney for Alimony & Spousal Support
Experienced Lawyer for Alimony & Divorce in Clark County, Nevada
Alimony is spousal financial support paid during or after a divorce case. Nevada law authorizes judges to award several types of alimony during a divorce proceeding or as part of the divorce decree. Neither spouse is automatically entitled to receive alimony. The court weighs a number of factors in determining whether to award alimony in a Las Vegas divorce case.
Las Vegas family law attorney Joseph Gersten has the experience and skill to resolve all issues that arise in your divorce case, including matters of alimony and spousal support. Whether you seek alimony or face an alimony request from your spouse, Attorney Gersten fully protects your interests and asserts your rights. At The Gersten Law Firm, your initial consultation is always free of charge.
Types of Alimony in Nevada
Nevada statutes allow the judge to consider several different types of alimony awards. The first type is temporary spousal support or temporary maintenance, awarded during a divorce proceeding. In addition, as part of the divorce order, the court may order one spouse to pay the other spouse permanent alimony.
Temporary Support & Maintenance
While a divorce action is pending, the court has the authority to order either spouse to pay the other spouse for several reasons:
- To provide temporary maintenance
- To provide temporary child support
- To enable the spouse to maintain or defend against the action
In making the decision whether to make a temporary award, the judge must take the financial situation of each spouse into account.
The judge will not award alimony in a manner inconsistent with an enforceable prenuptial agreement. If there is no such agreement, the judge takes into account all relevant factors in determining the amount of the alimony award. The statute specifically states that the court must consider the following factors:
- Each spouse’s overall financial situation
- Nature and value of each spouse’s property
- Contribution of each spouse to jointly held property
- Each spouse’s income, earning capacity, age, and health
- Standard of living during the marriage
- Recipient spouse’s career prior to the marriage
- Education, training, or marketable skills acquired by each spouse during the marriage
- Contribution of either spouse as homemaker
- Property awarded to the recipient spouse in the divorce, excluding alimony and child support
- Physical and mental condition of each spouse as relates to the financial condition, health, and ability to work
In addition, the court may award alimony for a spouse to obtain education or training related to a job, career, or profession, which is sometimes referred to as rehabilitative alimony. In making the determination whether one of the spouses should pay this type of alimony, the judge considers relevant factors, including:
- Whether the paying spouse obtained greater job skills or education during the marriage
- Whether the recipient spouse provided financial support while the other spouse acquired education or training
The award may include financial support for skills testing, evaluation of abilities and goals, guidance counseling, and job searching, as well as educational costs directly applicable to the recipient’s goals.
When a judge award rehabilitative alimony, the order sets a time within which the training or education must begin. The paying spouse may file a motion to request modification of the order if circumstances change.
Payment, Termination & Modification of Alimony
The judge may award alimony either as a one-time lump sum payment or as periodic payments for a specific amount of time. Alimony obligations terminate if the recipient spouse remarries or if either spouse dies. Cohabitation in a conjugal relationship by the recipient spouse may terminate or reduce alimony if another person financially supports the recipient spouse.
A spouse subject to an alimony order may file a motion to request modification of the order based on a change in circumstances. The law specifically states that a change of twenty (20) percent or more in the paying spouse’s gross monthly income constitutes changed circumstances requiring a review for modification of the alimony payments.
Schedule a Free Consultation With an Experienced Las Vegas Alimony Attorney
There are no specific rules for the court to follow in determining the amount or terms of an alimony award. The judge decides each case based on the specific circumstances presented by the two spouses.
In any matter involving alimony payments, representation by an experienced divorce and alimony attorney is essential. Las Vegas family law attorney Joseph Gersten has the skills and knowledge to assert your rights and protect your interests. His trial experience and investigative background enable him to compile and present evidence on your behalf regarding all aspects of your case, including alimony.
If you are considering filing for divorce or your spouse has filed for divorce in Las Vegas, Henderson, or elsewhere in Clark County, Attorney Gersten is here to help. He always approaches family law matters with sensitivity and compassion. He also understands the difficulty and emotional stress that accompanies any legal matter relating to a marriage and a family. Attorney Gersten will evaluate your case based on his extensive experience and skill and safeguard your interests throughout the entire process.
Your initial consultation is free-of-charge. Call 702.857.8777 or complete our online form to schedule an appointment.