Las Vegas Alimony Attorney
Free Consultation
Spousal Support And Alimony In Las Vegas, Nevada
Alimony, also known as spousal support or spousal maintenance, is a financial remedy given to one spouse by the other during and/or after a divorce in order for the recipient of alimony to maintain a reasonable standard of living. Contrary to popular belief, any spouse has the option of providing or receiving alimony. Alimony will be granted based on one spouse’s demonstrated need for assistance and the other spouse’s ability to pay it. If you require spousal support or have been ordered to pay it to a former spouse, contact an experienced Las Vegas alimony attorney at Spartacus Family Law today. We can carefully evaluate your situation so that all parties may benefit from the conclusion of your divorce-related situation.
Types Of Alimony In Nevada
Temporary Alimony
Temporary support may be granted if a spouse is financially dependent on the other and cannot otherwise meet living expenses during the divorce proceedings.
NRS 125.040 Orders for support and cost of suit during pendency of action.
1. In any suit for divorce the court may, in its discretion, upon application by either party and notice to the other party, require either party to pay moneys necessary to assist the other party in accomplishing one or more of the following:
(a) To provide temporary maintenance for the other party;
(b) To provide temporary support for children of the parties; or
(c) To enable the other party to carry on or defend such suit.
Short-Term Alimony
Short-term alimony in Nevada is a type of support that lasts for a limited amount of time and ends when a specific event occurs, such as the death or remarriage of the recipient. For example, the court may provide short-term assistance for 12 months to enable a dependent spouse to adjust to life without their partner.
Rehabilitative Alimony
Alimony in Nevada is most frequently given in the form of rehabilitative support. The court recognizes that both spouses must be self-supporting following the divorce, but it also understands that a dependent spouse may need time to develop the skills and education needed to find employment after the divorce. (NRS § 125.150) The following are some of the factors the court will consider when determining whether or not rehabilitative alimony is appropriate in your case.
Permanent Alimony
Permanent alimony is less popular than the other types, and it is usually reserved for long-term marriages in which short-term alimony isn’t enough to support the dependent spouse. A long-term relationship does not ensure permanent alimony, and the requesting spouse must show that financial independence is impossible due to advanced age, extended absence from the workforce, or physical or mental disability. Due to the difficulty of securing this alimony, it’s highly recommended to work with an experienced Las Vegas alimony attorney to secure the best outcome.
Who Qualifies For Alimony In Nevada?
Regardless of gender, either partner can seek alimony in divorce proceedings. Alimony is not always automatic, however. The requesting spouse in Nevada needs financial assistance, and the other party may pay. If the court determines there is a need for support, it will consider the following factors to determine how much and for how long an award should be paid:
In Nevada, if you’re looking for an alimony calculator, you’ll come up empty, unfortunately. Judges have considerable leeway when it comes to determining alimony amounts, and the only restriction is that the final decision is “just and equitable” to both spouses. (NRS § 125.150) You and your spouse may negotiate the terms of any potential alimony award yourself if you’re concerned about one or whether it will go against you, however, it’s always best to consult with an experienced Las Vegas alimony attorney to make sure that you receive the best ruling for your case. For more information about how we can help, contact Spartacus Family Law for an initial consultation.
NRS 125.150 Alimony and adjudication of property rights; award of attorney’s fee; subsequent modification by court. Except as otherwise provided in NRS 125.155 and unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS:
- In granting a divorce, the court:
(a) May award such alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and equitable; and
(b) Shall, to the extent practicable, make an equal disposition of the community property of the parties, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition.
- Except as otherwise provided in this subsection, in granting a divorce, the court shall dispose of any property held in joint tenancy in the manner set forth in subsection 1 for the disposition of community property. If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his or her contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:
(a) The intention of the parties in placing the property in joint tenancy;
(b) The length of the marriage; and
(c) Any other factor which the court deems relevant in making a just and equitable disposition of that property.
When Does A Judge Grant Alimony In Nevada?
Other considerations under Nevada’s law of alimony (NRS 125.150) include:
Nevada is a “no-fault” divorce state, so minor transgressions (such as cheating on one’s spouse) that do not cause economic damage or “community waste” are not grounds for temporary spousal support in Las Vegas. If you need assistance immediately after filing for divorce, you may file an application for temporary spousal support with Family Court. The hearing will be held before the court at a later date.
In Nevada, a judge has a lot of discretion in deciding whether to grant alimony or not, as well as how much and for how long:
Frequently Asked Questions
Can Alimony Be Reduced In Nevada?
Alimony orders in Nevada can be modified in court. This most often occurs when the paying spouse is unable to continue paying. Only payments that have not yet accrued can be modified under a spousal support award’s modification. The court will not reduce or terminate past due alimony payments. However, the recipient of the alimony may “stipulate” that prior payments have been made.
What Happens If I Fail To Make Alimony Payments In Nevada?
A Nevada court order is required if a spouse fails to pay spousal support in the state. The defaulting spouse’s assets can be seized and sold under the court order. The guilty party will also have to pay for his or her ex-spouse’ legal costs. NRS 201.020, which prohibits failing to pay alimony, has a provision that penalizes default on spousal support.
However, if the inability to find work is the reason for not paying alimony, charges are rarely filed. Otherwise, owing less than $10,000 can result in a misdemeanor charge of non-payment of alimony. A felony conviction for failing to pay spousal support in Nevada is punishable by up to five years in prison if you owe more than $10,000. When determining child custody, family court judges may take into account any prior convictions.
NRS 125.180 Judgment for arrearages in payment of alimony and support.
- When either party to an action for divorce, makes default in paying any sum of money as required by the judgment or order directing the payment thereof, the district court may make an order directing entry of judgment for the amount of such arrears, together with costs and a reasonable attorney’s fee.
- The application for such order shall be upon such notice to the defaulting party as the court may direct.
- The judgment may be enforced by execution or in any other manner provided by law for the collection of money judgments.
- The relief herein provided for is in addition to any other remedy provided by law.
When Does Alimony End In Nevada?
In Nevada, alimony ends by law under the following conditions:
Rehabilitative alimony is a type of temporary alimony that ends when the receiver reaches his or her designated objective, such as obtaining a college education or special training. The divorce decree should specifically identify how many alimony payments are to be made. Once the final payment is made, alimony will cease.
Contact A Las Vegas Alimony Attorney Today
Our Las Vegas alimony attorney truly cares about your current and future well-being. We are dedicated to resolving issues with tenacity, attention to detail, and personalized service. Spartacus Family Law can assist you with questions or concerns about spousal support and alimony in your Nevada divorce case. Our legal team serves clients throughout the Clark County area, delivering sound legal counsel and representation on all aspects of divorce and its accompanying problems. Contact us today for an initial consultation and to learn more about how we can help.