Divorce can have a serious impact on the financial well being of spouses.
Frequently, spouses have unequal earning potential. This inequality is typically not an issue during a marriage as assets are shared and intermingled. However, when a couple gets divorced, one spouse may have difficulty supporting him or herself.
To remedy this inequality, a court may require one spouse to provide for the financial support of the other for a period of time. This financial support is known as alimony or spousal support.
To determine whether a spouse will be required to pay alimony, the court will look to a variety of factors. The Las Vegas divorce attorneys at Las Vegas Defense Group, L.L.C., can help you navigate the divorce process and ensure that any alimony arrangement entered into will be fair and equitable.
Can a spouse be required to pay alimony in Nevada?
Yes. During a divorce proceeding a court may require that a spouse pay for the support of the other spouse. Nevada law states that a court may award alimony to a wife or husband “as appears just and equitable.”
This equitable award of alimony (or spousal support) can take a few different forms to serve different purposes.
Temporary spousal support in Nevada
During a divorce proceeding, a judge may require one spouse to pay for the temporary financial support of the other spouse for the duration of the divorce proceeding.
The temporary support order requires either spouse to pay money in order to:
Provide for the temporary maintenance of the other spouse;
Provide temporary support for the couple's children; or
To enable the other spouse to continue the divorce proceeding.
When determining whether to order temporary spousal support, the court will consider the relative financial situations of the spouses.
How does a Nevada court decide whether to require alimony?
When determining whether a spouse should receive alimony, the court will attempt to determine the ability of the spouse who would be receiving alimony to support himself or herself in a manner consistent with the standard of living during the marriage.
When deciding whether a spouse is entitled to alimony, the court may consider the following factors:
The financial condition of each spouse
The nature and value of the property owned by each spouse
The contribution of each spouse to the marriage's community property
The length of the marriage
The income, earning capacity, age and health of both spouses
The standard of living to which the spouses were accustomed during marriage
The career, before the marriage, of the spouse receiving alimony
Any specialized education or training or marketable skills obtained by either spouse during the marriage
The contribution of either spouse as a homemaker
Any property granted by the court to each spouse in the divorce
The physical and mental condition of each party as it relates their financial condition and ability to work
Other relevant factors
Can an order of alimony ever be reduced in Nevada?
Yes. The court may modify the alimony order when the income of the spouse who is ordered to pay alimony has been reduced to the point that the spouse is financially unable to pay the amount of alimony required by the order.
Why should I hire an attorney?
Whether you are required to pay alimony or entitled to receive alimony depends upon a variety of complex factors. An alimony order can have a significant effect upon your financial well-being. It is important to hire an experienced Las Vegas divorce attorney to ensure that your alimony arrangement is fair and equitable. Call 702-DEFENSE (702-333-3673) today to discuss your case.