SPOUSAL SUPPORT AND ALIMONY
Contrary to popular belief spousal support and alimony are alive and well in Nevada.
Spousal support is financial support given by one spouse to the other while the parties are still married, before a divorce, usually as part of a separate maintenance action (a.ka. legal separation).
Alimony is financial support given by one spouse to the other spouse after a divorce. Alimony payments are deductible to the payor and considered income to the payee by the IRS.
Alimony is separate from any property settlement. Since women have entered the workforce, alimony isn’t granted to them as often as it was in the past when a large number of women were stay-at-home moms or homemakers.
But, again, each situation is different. Even if a woman is employed, she might be entitled to some alimony for a period of time if her income is well below that of her spouse, or if she needs to study to get a degree or training of some sort to be able to support herself. This can go both ways. If Wife has been making considerably more money than Husband, she might have to pay him spousal support, or alimony.
If the marriage was short-term, but a spouse will suffer unduly because of a big difference in income between the parties, a judge might well grant short-term alimony to allow that spouse time to figure out how to increase his or her income.
If one of the spouses needs to be trained, or retrained, in a career, rehabilitative alimony might be granted. If you have to pay this, it would be wise to set a termination date on it to keep the party receiving the rehabilitative alimony from stretching the training for longer than necessary.
WHEN DOES A JUDGE CONSIDER GRANTING ALIMONY?
- when there is a disparity in income between the parties
- when the couple has been married or in a domestic partnership for a long period of time
- when a spouse needs financial support because of a health issue
- when a spouse needs retraining to get back into the workforce
Other considerations under NRS 125.150 (Nevada law on alimony) include:
- the standard of living to which the couple was accustomed
- the career of both spouses before the marriage
- whether one spouse has advanced the other spouse’s career
- age and education of the parties
- the ability to pay of the spouse who will be paying alimony
Note that Nevada is a “no fault” state, so bad acts (such as cheating on a spouse) that do not cause economic harm or “community waste” are not grounds for temporary spousal support or alimony. If you need support right away when you file for divorce, you can file a motion with Family Court for temporary spousal support. This will get you a hearing in front of the judge sooner.
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:
- If it’s a marriage of less than 3 years, alimony is unlikely though not impossible.
- If the marriage is from 3 to 20 years, alimony could be granted for as many years as half of the length of the marriage, e.g, if married for 10 years, alimony is paid for five years.
- If the marriage was longer than 20 years then permanent alimony is highly possible, and even likely.
You can read a summary of the statutes here.
If you prefer, you can read the entire divorce statutes, NRS Chapter 125, on the Nevada Statutes website
WHEN DOES ALIMONY CEASE?
By law (in Nevada), alimony stops when the spouse receiving alimony either passes away or remarries.
You can modify alimony if there is an increase or decrease of 20% of more in the paying party’s income. This is considered a change of circumstances. However, the Court will look to see if the payor is under-employing or un-employing himself to avoid paying an amount he or she does not wish to pay. A motion for change must be made in good faith, such as a lack of employment opportunities or a change in health making it impossible to continue paying the same amount due to loss of income because of it. A request to modify alimony must be made in good faith.
Parties also have the option to stipulate to non-modifiable alimony which would preclude a modification motion. An option to monthly alimony payments is a lump sum non-modifiable alimony. In fact, with much older couples the Court will often consider lump sum alimony instead of periodic payments simply to avoid the payee becoming suddenly destitute because of the untimely death of the payor.
Ready to file your divorce, or have questions about filing? We’re here
I’d like to schedule a divorce consult.
Hello Tony, please call the office at 702-420-7052. Thank you.
Good afternoon,
I am seeking a consultation to better understand my rights as I move forward into a divorce. Does your office provide consultation?
My questions are mainly for the amount of alimony I am realistically looking at paying for NV, my military pension and if in fact my spouse is entitled to half or is it up to half and she can receive less, and my VA disability compensation. Does it count toward my total income?
There are some more questions as well.
Hello Paul,
call the office at 702-680-1780 to set up a consultation. Thank you.
Comment *hola para exigir pensión alimenticia x dos hijos nosotros estamos en México pero su papá en reno nevada que pueda hacer para tramitar la demanda?
Hola!
Alguna vez viviste en Nevada? llámenos al 702-680-1780. Tengo más preguntas que hacerte.
I would like to know if the beginning date for alimony to start is then the date each month it is to be paid. My ex was to start paying beginning January 1st this year, and every month for 60 months. He pays every month, but whenever he feels like it. I’m on a fixed income, and my rent has been late every month.
Hello Chandra,
divorce papers usually state on what day of the month alimony is to be paid. If not paid by then, you have the recourse of addressing the court for your spouse to show cause as to why it’s never on time and possibly be fined by the judge. If the divorce decree only states that it is to be paid within a given month, then he has a right to pay it at any time during that month. And you have the right to address the court to ask that it be paid by a specific date so your rent isn’t always late.
My wife and I have been Married 21years. My wife has asked sign a separation of assets or move out of the house. This separation of assets gives her both homes and bank accounts. I get my PERS account and my deferred comp. My wife earns 300K and I earn 90K per year. I don’t want to sign the papers. I want to stay in the house with my children. we don’t argue or fight. What are my rights? if we separate do you think I will get permanent alimony if we divorce?
Hello Jeff,
this isn’t a question that can be answered on a blog post. There are too many variables to address. See if she’s open to divorce mediation; that is the best route to take to avoid a costly divorce trial: https://nevadadivorce.org/collaborative-divorce/ — It’s possible you would be able to get alimony because she earns more, but without all of the information, it’s difficult to say. Just call our office at 703-680-1780 and we can give you more information.
hi, i have a few questions about alimony and what my most probable outcome would be regarding my specific situation.
Hello Lexi, it’s best to call the office for answers to your question.
I have a joint petition for divorce where we both agreed on everything. However, the decree does not stipulate that alimony will stop if I get remarried. Therefore I’m trying to find out if it will stop if I get remarried since we both agreed to an amount and the length of time I will receive alimony from him,
Hello Katrina,
there is a statute that states that upon death or remarriage alimony terminates, unless the final decree states that it will not. NRS 125 50.6
My wife and I were together since October of 2001. Co-habitating untill our marriage in July of 2013 . I was the primary financial supporter for the first ten years . Although she contributed to the finances, in or about 2006 she began working for a flooring company as asst. office manager. She was earning 10-11 dollars per hour. She would be paid more as she learned more. Then she changed to a new employer in the same industry. I was a journeyman carpenter in the union so I was able to support us. In 2020 , just as Covid 19 was in its early stage , my wife and filed jointly on our tax form so we’d be eligible for help. The trade show business came to a stop as did much of the country. I discovered that my wife was having an affair with someone, and the by this time she s earning around four times the money I earned. I made about 40,000.00$ a year and she’s earning 160,000.00$ per year. In 2016-2017 my health declined drematicaly . When she abandoned me and our home, she gave all our household things to her family members , freinds and to the land fills. I regained my tools motorcycle , and truck. She moved to San Diego California to continue working with the flooring company . Also with whomever she was being unfaithful to me with.. she moved me into a one room home with a Vietnamese family that did her manicure, and pedicure s. I was collect unemployment for the year until it ended untill September 2022 . So she’s supporting me and paying for my storage unit and a little money to eat on. I’m not going to live like this much longer. Can someone please answer me back ? I’m lost and in Las Vegas and l was born and raised here.
James, it’s unclear whether you are already divorced or not. You speak of alimony. Do you have a decree of divorce?
Is there a time frame that you’re able to take your stuff back to court I was awarded alimony in my divorce decree but since then I have not lived accustomed to what I was living too and my spouse has increased in his job level of pay 3 xs since our divorce we were divorced in 2011 can I take him back to court for the time remaining that I have till 2026 that my alimony is granted for more money he was making $61,704 yearly at time of divorce and now he’s at in 2020hes at $125,979.78 and in living on social security and the $1000.00 he’s gives me monthly tell 2026 I have not been able to live anywhere to call my own I’ve had to live with family because I can’t afford to be on my own it’s an awful situation
Hello Manuela,
As long as the final decree doesn’t contain a provision stating alimony is non-modifiable, an increase of more than 20% in the payor’s income would allow the payee to request more alimony unless the payee pay level has increased too.
My husband wants a divorce.. we’ve been together for 23 years, married for 17 on April 1st. I became Disabled due to an auto-immune disease in 2011 (11yrs now). We have 2 minor children (15 and almost 12). We were planning on filing the papers ourselves as we can’t afford an attorney. I think we have custody, visitation and child support figured out. The children will age out in 3 and 6 years. If they’re still living with me, I know they can work to help support themselves. He is in insurance and gets a fixed income, plus bonuses when his team meets their numbers. I can’t live off of my disability alone. How do we figure out alimony? There seems to be a missing piece for people who are trying to figure things out on their own. If you can’t help me, can you direct me where I can go for some answers?
Hello Angellina, Alimony can be a little tricky. Since Nevada doesn’t have an outline on how the parties should request alimony. You can contact us for a mediation session and our attorney can help you figure out alimony. Thank you!
My husband and i been married for 13 years and been together for 10 years,ever since we’ve been together he doesn’t work even if he can,i paid for everything and give him money everyweek on top of that,but now he’s asking for a $500 alimony for 99 years…
My husband and i been married for 13 years and been together for 10 years,ever since we’ve been together he doesn’t work even if he can,i’ve been begging him to find a job so atleast he can help me pay the bills cause im the one who’s paying for everything and give him money everyweek on top of that,he had a psoriasis and i tried to applied him to a disability but they denied him,i tried to help him out go to the doctor and be better because of his skin condition but once he get better he will gonna complain that his teeth needs to be fix and i help him again to get a partial denture but he didn’t use it even once cause he said he wants to have the implant instead,and now i filed for divorce cause i cannot take it anymore i tried to help him out and but he doesn’t want to help his self, now he’s asking for a $500 alimony for 99 years…
Hello, I completed my alimony payments per the divorce decree. Now what? Do I need to file any closing paperwork with the court?
Hello Samantha,
No, need to file anything with the court once you are done with alimony payments.