Unlike child support, there is no set formula for spousal support in Nevada, which means that the Court’s decision regarding alimony is discretionary. Legislative guidance is found in NRS 125.150(1), which provides that “the court 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.” The Nevada Supreme Court has issued many opinions attempting to give some guidance to Judges, establishing a “non-exhaustive” list of factors for Judges to consider. As a result, the amount and duration of spousal support, is extremely subjective and depends on the Judge, as well as the “non-exhaustive” list of factors the Nevada Supreme Court has established.
What is the purpose of spousal support, or alimony?
Spousal support, or alimony, is a monthly payment that one former spouse pays the other. According to the Nevada Supreme Court in 1998, it is “an equitable award serving to meet the post-divorce needs and rights of the former spouse.” It is not the same as child support and is not meant for childcare expenses or other costs related to raising a child or children. To fully understand the alimony laws in Nevada, consult with an knowledgeable Spousal Support Lawyer at a reputable Alimony Law Firm, such as The Cooley Law Firm in Las Vegas, NV. Call (702) 265-4505 for a consultation today.
According to Spousal Support Laws, there are three types of alimony in Nevada:
- Temporary alimony. Temporary alimony is awarded to help an ex-spouse make the transition from being married to being single.
- Rehabilitative alimony. This type of alimony helps the former spouse while that person gains skills or education in order to eventually become self-sufficient.
- Permanent alimony. Permanent alimony is usually awarded when the couple has been married for a long time and the other types of alimony are not suitable.
How is the amount of spousal support/alimony determined?
There is not clear formula for the determination of spousal support. The spousal support laws state that alimony be “just and equitable.” In order to determine how much spousal support that a person is entitled to, the following factors are taken into account.
- Court Factors. The court might review several factors to assist with spousal support determination. Those factors include: duration of marriage, standard of living in marriage, each spouse’s financial standing, income/earning capacity/age/health of each spouse, whether each spouse has specialized training or education, the amount of property each spouse is receiving.
- Economic Need. Economic need and ability to pay does often factor into the spousal support calculation decision. The court will take into account what the recipient spouse needs to survive. In that consideration, the court looks at the standard of living during the marriage. It is not just about a basic roof over the ex-spouse’s head, but a lifestyle that they once had during marriage. The court look at this along with the ability to pay by the paying spouse in order to create a payment plan that is “just and equitable.”
- Alimony duration. If long-term alimony is awarded, payments usually continue until one party’s death or when the recipient spouse remarries. If rehabilitative or temporary alimony is awarded, the court usually awards it for a predetermined amount of time.
If you are considering a divorce and need answers about spousal support, your best option is to contact a Spousal Support Law Firm that can answer all your questions. Consult with an experienced Alimony Lawyer who is well-versed in Alimony Laws at The Cooley Law Firm. If you live in or near Las Vegas, NV, call (702) 265-4505 for a consultation today.
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