Everything You Need To Know About Alimony In Nevada
How Does The Court Calculate Alimony In Nevada?
Alimony is the monetary payment one of the spouses has to pay the other one following a divorce. Also known as spousal support, it is determined by court order. Nevertheless, there are divorce cases when alimony is not awarded. More often than not, we can speak about spousal support in longer marriages when there’s a big gap between the income of the two spouses.
Let’s take a closer look into some situations when a spouse is entitled to spousal support following a divorce case in Nevada. These considerations should help you gain a better understanding of your specific situation and of your chances to get alimony.
1. How Does The Court Award Alimony Following A Nevada Divorce?
There are several factors a court should take into consideration when assessing the opportunity of awarding alimony to one of the spouses:
- The financial situation of the parties
- The specifics and the value of properties owned by each spouse
- The specific contribution of each of the parties to the community property of their family
- The time the two spouses have been married
- The health situation, the income, the age, and the earning capabilities of each spouse
- The standard of living of each of the spouses during their marriage
- The pre-marital career of the spouse who should receive alimony
- Any career-related skills, training, or special education received by the spouses during their marriage
- The contribution of the parties to their common home
- Any property the court grants of each of the parties during the divorce
- The physical and mental shape of each spouse, in regard to their ability to work and to maintain a healthy financial condition
- Any other factors the court might consider to be relevant for the case.
2. Is A Monthly Payment The Only Possible Form Of Alimony?
Following a Nevada divorce, the court may award alimony as a one-time lump sum or as specific monthly payments.
More often than not the court awards alimony as monthly payments. Nevertheless, they may impose any payment schedule they see fit for each specific case.
3. Is There A Possibility To Reduce Alimony In Nevada?
Should the paying party lose part of their income, courts in Nevada can reduce their alimony. This reduction of the spousal support amount can only apply to forthcoming payments. It isn’t possible for the courts to cancel or reduce past due installments. Nevertheless, the receiving party may “certify” that they have received prior payments.
4. What Happens If One Of The Spouses Gets Remarried?
When the spouse receiving alimony remarries, the payments stop. The only exception is if the conditions of the alimony award or a prenuptial contract stipulate other provisions.
5. What Happens If A Spouse Dies?
If one of the spouses dies, alimony payments normally cease. This is the law in Nevada.
6. What Happens If I Had A Prenuptial Agreement With My Spouse?
If you and your spouse had a valid and enforceable premarital agreement, no courts will order alimony if it goes against this agreement. The only way you can revoke or amend this agreement is through a written agreement signed by both spouses.
7. What About Temporary Spousal Support During A Divorce In Nevada?
It is possible for a court to order temporary alimony payments for the entire duration of the divorce proceedings. Here are some possible situations:
- The paying spouse has to provide for the temporary maintenance of the other party
- The paying spouse has to provide for the children
- The paying spouse has to support the other spouse in their divorce proceedings.
The court will assess the relative financial situation of each of the parties before ordering temporary spousal support.
8. Alimony For Professional Training Or Education
A Nevada court may rule that one spouse pays alimony to the other one for the purpose of receiving professional training or education. Such training may include college courses, a high school diploma, and on-the-job skills training or education.
9. Can I Ensure My Alimony By Forcing My Spouse To Sell A Property?
Throughout the entire duration of divorce proceedings, the court has the right to prevent parties from selling their assets.
Once the divorce proceedings come to an end, the court may enforce their decision by various means:
- They may appoint a receiver
- They may force the sale of any property
10. Can A Spouse Claim The Other Spouse’s Veteran’s Benefits For Alimony?
Generally speaking, the court has no right to seize a veteran’s disability benefits for spousal support. The only situation when they can do it is when a premarital agreement states otherwise.
11. Is It Possible To Get Alimony In Nevada Without A Divorce?
Here are the main situations when a spouse may obtain alimony without a divorce:
- There are solid grounds for a divorce
- The spouse has been deserted for an ongoing 90-day period
In such situations, the court may ask any of the spouses to pay the following:
- Temporary child or spouse support
- Any costs required to maintain the action to receive permanent alimony.
12. What Happens When The Paying Spouse Fails To Make Alimony Payments In Nevada?
Should a spouse fail to make the alimony payments as scheduled, the other spouse has the right to get a court order to address this situation.
This court order may enforce the seizure and the sale of that spouse’s assets such as a house, bank deposits, and any other belongings.
On top of the above, the defaulting spouse will need to pay the legal fees of their ex-spouse.
Even though defaulting on spousal support payments in Nevada is considered a crime, criminal charges aren’t brought if the paying spouse isn’t able to find a job to earn enough money for paying their monthly installments.
Otherwise, if the alimony amount due is lower than $10,000, the punishment is up to six months jail time.
When this amount exceeds $10,000, the punishment is up to five years in prison.
Conviction is also possible, but this is to be determined by a family court judge.
For more information on how https://www.hugginslawoffice.com/ can help you with How Long Does Alimony Last, please contact us at (702) 387-4014, or visit us here:
Huggins Law Office
8683 West Sahara Avenue #180 Las Vegas, NV 89117