You’re about to get a divorce or legal separation and wonder about alimony in Nevada, or spousal support.
You’ve been married a few years and your spouse earns somewhat less than you, or stayed at home to raise your children or because you didn’t need two incomes.
Now that you are getting a divorce or legal separation, you wonder if you’ll have to pay or alimony spousal support. For the sake of clarification, know that spousal support is what is paid as part of a legal separation, and alimony is what is paid as a result of a divorce.
Nevada Statutes list only things a judge will take under consideration when deciding whether or not to grant spousal support or alimony in Nevada. There is no actual, “set in stone” table to follow based on income like we have for child support.
Below is a partial list of things the judge will look at when deciding whether or not to grant spousal support or alimony. Each and every situation is different, so some of these may or may not matter, and other things in addition, or instead of, these might come into play:
- 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 physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse
In some cases, in lieu of, or in addition to, spousal support or alimony in Nevada, the court might grant support to a spouse for the purpose of obtaining training or education in order to attain new employment, or better employment.
- Whether the spouse who would pay has obtained greater job skills or education during the marriage
- Whether the spouse who would receive alimony provided financial support while the other spouse obtained job skills or education
- Whether the spouse who would receive alimony would be in severe financial straits after the divorce without further job training
Should alimony be granted for the purposes of education or training, more often than not, the judge will also order that the spouse receiving it start the training within a specified amount of time after the granting of the alimony. And more often than not, there is a reasonable time limit placed on it, usually for the length of time it takes the spouse to train or retrain.
Purchased home in 1994, I was paying more than required on mortgage. Married in 1994, paid off home after 2006 and each of us paid $40,000 in payoff. I put $30,00 in backyard pool before marriage. Will my husband in a divorce be given part of home equity? Both are 75. He has more than $2500 a month more than I from retirement. Can I get alimony?
Hello Barbara, it appears you might entitled to alimony; it’s difficult to say w/o knowing all the details. If you don’t have a divorce attorney yet, consider calling our office to discuss: 702 420 7052
If a husband is Verbally abusing wife for multiple years. Mainly try and have the file for separation or divorce and move. What course of action can the wife take to force husband either to stop the verbal abuse or to move so it stops. Wife is not currently working do to injury on the job in 2011. Denied for SSDI. So only income wife has is hobby of show dogs had prior to marriage. Currently the home is major assist and husband 401k. So it is financially very hard for the wife to move at this time. Will a judge order one spouse to move under this distress. As we all know that police can not do much if there is no physical abuse. Husband has worked at same job for 26 years. Wife has been unemployed for 6 years marriage is 17 year but together 20 years. Husband threatened to sale home with out wife’s knowledge and many other threats. Where would a wife begin for assistance and to insure wife continues there Medical insurance as the wife has health issues that will require some type of insurance.
Janice, you need legal advice, not just a comment on a blog post. If you can’t afford an attorney, it might be best for you to reach out to Legal Aid: Legal Aid Center of Nevada
725 E. Charleston Blvd., Las Vegas, NV 89104. 702 386-1070