How is Alimony Determined In Nevada?
Alimony has undergone significant evolution since its inception, though much remains the same. In Nevada, there are several different types of alimony, and it can be confusing determining which one may be the most appropriate for your situation, or even if alimony is appropriate at all. Understanding your options is important.
Is Alimony Available?
Many people labor under the misapprehension that alimony is always granted in the event of a divorce. In reality, it is granted far more rarely than it was historically. There is no specific legal guidance in Nevada that precludes granting alimony to more divorcing spouses; it has simply become less common over time, for a variety of reasons, including the fact that more women have been joining the workforce.
Generally, Nevada judges are more inclined to grant alimony if certain things are true about your marriage: for example, if it has lasted more than a decade, a judge is more likely to hold that alimony is appropriate, because the spouses have become accustomed to a certain “standard of living”. However, Nevada law does not offer much specific guidance on alimony, especially not in terms of requirements that must be met, and each case is unique.
If alimony is granted in your Nevada divorce, it will be one of three forms. The typical form of alimony is the type often seen in pop culture – a set amount of money, payable from one spouse to another, for a set term of months or years. “Permanent” alimony is just that – payable until the receiving spouse remarries or either spouse dies, although even “permanent” alimony is modifiable, with very few exceptions. The last type, rehabilitative alimony, is when one spouse is ordered to pay alimony to the other for a specific period, to give that spouse time to garner necessary skills or gain new credentials that they might need to enter or reenter the workforce; for example, a woman who has always been a housewife might need to obtain a degree in order to get a job after her divorce.
While there is little guidance for alimony, Nevada law does set forth factors that have to be considered by the family court in determining whether or not to grant it. There are many, including but not limited to the current and future earning potential of both spouses, the physical and mental health of each spouse, and the contribution of either spouse as homemaker, especially if they quit a job to support their spouse’s career. The law also allows the court to consider any other factor that it finds ‘relevant,’ which gives it quite a lot of latitude.
Contact A Las Vegas Alimony Attorney
Because alimony is being granted in fewer and fewer cases in this day and age, you need an experienced and knowledgeable Las Vegas alimony attorney on your case to make sure you have the best chance to receive it. The Kainen Law Group has years of experience in divorce cases, and we are happy to try and assist you with yours. Contact our office today to speak to an attorney.