Las Vegas Alimony & Spousal Support Attorneys
Fighting for Alimony in Nevada & Clark County
In the realm of divorce proceedings, the determination of alimony or spousal support can be a pivotal factor in the financial well-being of parties involved. Alimony, often referred to as spousal support, encompasses a range of considerations, from temporary financial assistance during divorce proceedings to long-term support arrangements.
Whether you're seeking guidance on your rights or obligations regarding alimony or need a skilled Las Vegas alimony and spousal support attorney to advocate on your behalf, we are here to provide the knowledge and expertise you require.
Get the legal support you need for alimony or spousal support matters. Contact our Las Vegas alimony and spousal support lawyer for a free consultation today by calling (702) 766-5566 or contacting us online.
What Is Considered Alimony in Nevada?
In Nevada, alimony, often referred to as spousal support, is a financial allowance provided by one spouse to the other either during divorce proceedings or after the divorce is granted. It is designed to assist the lower-earning or financially disadvantaged spouse in maintaining a reasonable standard of living and financial stability following the end of the marriage.
What Are the Different Types of Spousal Support in Nevada?
Alimony and spousal support are a form of allowance for 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.
General
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.
Rehabilitative
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
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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.
Is it Possible to Modify or Terminate Alimony in Nevada?
In certain circumstances, alimony orders can be modified or terminated. If there is a change in circumstances, either party may request a modification of the alimony amount or duration. Common reasons for modification or termination include:
- Change in Income: If the paying spouse experiences a significant increase or decrease in income, they may request a reduction in the alimony payment. Similarly, if the recipient spouse’s financial situation improves, they may no longer require support.
- Remarriage or Cohabitation: In Nevada, alimony is typically terminated if the receiving spouse remarries or enters into a cohabiting relationship. If the recipient spouse has financially benefited from a new relationship, this may be grounds to reduce or terminate alimony.
- Disability or Illness: If either party becomes seriously ill or disabled, this may warrant a modification of the alimony arrangement.
- Retirement: If the paying spouse retires, they may request a reduction or termination of alimony, depending on their financial situation and the recipient spouse’s needs.
To ensure a modification is handled appropriately, working with a Las Vegas alimony and spousal support attorney is essential. An experienced attorney can present your case to the court and help achieve a fair adjustment to the alimony order.
How to Enforce Alimony Orders in Nevada?
If the paying spouse fails to adhere to the terms of an alimony order, the receiving spouse can seek enforcement through the court. Enforcement options may include:
- Wage Garnishment: The court can order the paying spouse’s wages to be garnished to ensure alimony payments are made.
- Contempt of Court: If the paying spouse refuses to pay alimony, the court can hold them in contempt, leading to penalties, fines, or even jail time.
A Las Vegas alimony and spousal support lawyer can help enforce an alimony order and ensure that the terms of the order are upheld.
What Disqualifies You from Alimony in Nevada?
In Nevada, there are several factors that can disqualify a person from receiving alimony. While there is no automatic rule that applies in all cases, courts will consider the following circumstances that may impact eligibility for spousal support:
- Short-term marriages (typically less than 3 years).
- Self-sufficiency of the recipient spouse.
- Remarriage or cohabitation of the recipient spouse.
- Lack of effort to become self-sufficient
How Many Years of Marriage Do You Need to Get Alimony in Nevada?
There is no fixed rule in Nevada for the minimum number of years of marriage required to qualify for alimony. However, the length of the marriage plays a significant role in determining whether alimony will be awarded and the amount or duration of support. Generally, the court may consider the following guidelines:
- Short-Term Marriages: In short-term marriages, alimony is less likely to be awarded, especially if both spouses are able to support themselves financially. However, in certain cases where one spouse is significantly financially dependent or unable to support themselves, the court may still award rehabilitative alimony.
- Moderate-Term Marriages: For marriages of moderate length, alimony may be awarded if the spouse requesting support based upon the application of factors set forth in the Nevada Revised States. The court will consider whether the recipient spouse is capable of achieving financial independence and the overall fairness of awarding support.
- Long-Term Marriages (10 years or more): Long-term marriages are more likely to result in alimony.
While the length of the marriage is a significant factor, the court will also consider other elements, such as the financial conditions of both spouses, their respective contributions to the marriage, and the standard of living during the marriage.
Our Experienced Las Vegas Alimony Attorney Can Help
There is no doubt that navigating the complexities of alimony cases in Las Vegas can be an emotionally charged and challenging process. Those seeking fair and favorable outcomes can benefit from hiring an experienced Las Vegas alimony attorney.
- Legal Expertise: Our experienced Las Vegas alimony attorney brings in-depth knowledge of Nevada's alimony laws and a comprehensive understanding of how they apply to different cases. This proficiency guarantees that clients obtain precise guidance customized to their individual circumstances.
- Negotiation Skills: Alimony negotiations often involve delicate matters. Our skilled attorneys can strongly advocate for our client, employing effective negotiation strategies to secure the best possible alimony arrangement.
- Case Assessment: Every alimony case is different, and our seasoned attorney can evaluate the particular elements affecting alimony decisions. This includes evaluating the financial contributions of each spouse, the duration of the marriage, and the standard of living established during the marriage.
- Courtroom Representation: If negotiations fail and the case proceeds to court, having an experienced attorney by your side is crucial. They can present a compelling case, gather relevant evidence, and effectively represent your interests in court.
- Emotional Support: Divorce and alimony proceedings can be emotionally draining. An experienced attorney not only provides legal guidance but also offers emotional support, helping clients navigate the process with greater ease.
Hiring our experienced Las Vegas alimony attorney can significantly enhance the chances of achieving a fair and equitable resolution in alimony cases, providing clients with the support and expertise needed during this challenging time.
Fighting for spousal support in Nevada? Contact us online or call (702) 766-5566 to speak to our Las Vegas alimony lawyer today!
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