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.
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.
While a divorce action is pending, the court has the authority to order either spouse to pay the other spouse for several reasons:
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:
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:
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.
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.
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.