Do You Get Alimony in a Nevada Divorce?
Nevada divorce laws authorize a judge to award alimony, also called spousal support, to either spouse in a divorce proceeding. There is not, however, an entitlement to receive alimony when you get a Nevada divorce. The laws provide complex factors for the judge to consider in deciding whether to award alimony and the amount. Securing payment of alimony is one of the many important reasons for retaining an experienced Nevada divorce attorney to represent you.
Nevada Alimony Laws
The statutory provisions governing alimony are contained in NRS 125.150, which addresses a wide range of matters relating to property rights in a Nevada divorce. With regard to alimony, the law states at the beginning that the powers given to the court in awarding alimony and property are subject to provisions in a premarital (prenuptial) agreement. As such, a divorce judge cannot award alimony if spousal support is contrary to the terms in a valid premarital agreement between the divorcing spouses.
The law specifically states that a court may award alimony “to either spouse, in a specified principal sum or as specified periodic payments, as appears just and equitable.” The statute provides that the judge may consider any factors deemed relevant in determining whether to award alimony and in determining the amount of the award, but also sets forth an extensive list of factors to be considered, including:
- Financial condition of each spouse
- Nature and value of the property of each spouse
- Duration of the marriage
- Income, earning capacity, age, and health of each spouse
- Standard of living during the marriage
- Prospective recipient spouse’s career before the marriage
- Each spouse’s specialized education or training or level of marketable skills attained during the marriage
- Contribution of either spouse as a homemaker
- Property awarded to the prospective recipient in the divorce, other than child support and alimony
- Physical and mental condition of each spouse relating to the financial condition, health, and ability to work
Separate provisions authorize the court to consider granting alimony for a spouse to obtain training or education relating to employment, including factors that must be taken into account in making that determination. Additional detailed statutory provisions apply to a decision made by the court regarding alimony for training or education.
If a spouse requests that the court award alimony, the burden is on the requesting spouse to demonstrate entitlement, based on the statutory provisions summarized above. For that reason, representation by a knowledgeable Nevada divorce lawyer is essential for a spouse wanting to secure an award of alimony in a divorce case.
Additional Facts About Alimony in Nevada
In determining whether to award alimony, a judge does not take into account the gender of either spouse. It is also irrelevant whether one of the spouses acted badly during the marriage, unless the conduct of the spouse had a negative economic impact.
Alimony may be awarded temporarily, including during pendency of the divorce proceeding or for a period after the decree, to assist a spouse in adjusting to the effects of the divorce. Permanent alimony may also be awarded and is most common after a long marriage in which the receiving spouse is unable to work or retired. Rehabilitative alimony, to enable a spouse to get training or education so they can become self-sufficient, typically lasts for a limited period of time.
Monthly payments are the most common type of alimony award, but a judge may order a one-time lump sum payment for spousal support instead. The court may establish whatever payment schedule or term appears fair in the circumstances. Generally, spousal support payments stop if the recipient spouse remarries, unless a prenuptial agreement specifies otherwise. Alimony payments also normally cease on the death of either spouse.
If the divorce judge awards alimony, a failure to make the payments entitles the recipient spouse to go to court to enforce the order. The court has authority to order seizure and sale of assets to satisfy the default. Failing to pay alimony also is a criminal offense, although a non-paying party is usually not prosecuted if the paying party did not make payment because of an inability to find employment. In an enforcement action, the non-paying party must pay the attorney’s fees of the former spouse.
Nevada courts also have authority to modify an alimony order. For example, a paying ex-spouse may request modification of an alimony order under limited circumstances. More information on modification is provided in another blog post, Can You Get Modification of an Alimony Order in Nevada?
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.
