Alimony and Spousal Support
Alimony and spousal support are synonymous terms for an allowance of support, whether temporary or permanent, ordered against a party to their former spouse. Unlike child support, an award of spousal support is discretionary by the Courts.
Temporary spousal support occurs during the pendency of the divorce, while permanent spousal support is a financial award that takes place after the divorce is granted.
Spousal support is based upon what is just and equitable and comes in two (2) forms, general or rehabilitative.
An award of spousal support based upon the factors enumerated in NRS 125.150(8), which include:
- The financial condition of each spouse;
- The nature and value of the respective property of each spouse;
- The contribution of each spouse to any property held by the spouses pursuant to NRS 123.030;
- The duration of the marriage;
- The income, earning capacity, age and health of each spouse;
- The standard of living during the marriage;
- The career before the marriage of the spouse who would receive the alimony;
- The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage;
- The contribution of either spouse as homemaker;
- The award of property granted by the court in the divorce, other than child support and alimony, to the spouse who would receive the alimony; and
- The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse.
Pursuant to NRS 125.150(9), a party may be awarded spousal support in order to obtain training or education related to a particular job or profession. The Courts will consider (a) whether the party paying support obtained greater job skills or education during the marriage and (b) whether the party receiving the support provided financial support while the other spouse obtained greater job skills or education.
Furthermore, a party may be entitled to additional support for the following:
- Testing of the recipient’s skills relating to a job, career or profession;
- Evaluation of the recipient’s abilities and goals relating to a job, career or profession;
- Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;
- Subsidization of an employer’s costs incurred in training the recipient;
- Assisting the recipient to search for a job; or\
- Payment of the costs of tuition, books and fees for:
- The equivalent of a high school diploma;
- College courses which are directly applicable to the recipient’s goals for his or her career; or
- Courses of training in skills desirable for employment.
Spousal support may be ordered for a finite period of time or in perpetuity. However, the death or remarriage of the party receiving support, automatically terminates the paying party’s support obligation. Additionally, an award of spousal support may be ordered to be paid in a lump sum or in periodic payments.
Unless stipulated to by agreement, the paying party’s support obligation is modifiable upon a 20% change in the paying spouse’s gross monthly income.
Our experienced attorneys can further walk you through this process once becoming a client of the firm. Do not navigate this complicated process alone – we can help. Call our office today at (702) 224-2778.