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ALIMONY

When you are going through a divorce, it’s important to understand your rights and what you are entitled to. Alimony is meant to allow a party to maintain a reasonable standard of living after their divorce. In Nevada, the court will consider an alimony award if one of the spouses is financially unstable, unemployable, has been unemployed during the marriage, and other reasons. Either party can request alimony from the Judge. The Judge will base the decision on granting alimony on one spouse’s needs and the other spouse’s ability to pay. Alimony payments are generally paid in (1) one lump sum payment or (2) periodic payments over time. NRS 125.150(1).

There are two types of alimony in Nevada. These two types include general alimony and rehabilitative support.

EXPLANATION OF THE TYPES OF ALIMONY

(1) General: is general support granted to a spouse in order to maintain the standard of living that was maintained during the marriage;
(2) Rehabilitative: is alimony specifically granted to help the receiving spouse obtain education and/or training in order to acquire the job skills necessary to obtain employment prospects in order to support themselves.

For rehabilitative support, the court will look at whether the paying spouse obtained greater job skills or education during marriage and whether the dependent spouse provided financial support while the other spouse obtained the education or skills.

If a court decides that rehabilitative alimony is appropriate, it will give a time frame for the recipient spouse to complete training or education to get a job and become self-supporting. In addition, the recipient spouse may also be entitled to costs related to skills testing, guidance to establish a specific plan for training or education, the cost of tuition, books and fees for certain courses, and even subsidization of an employer’s training costs.

FACTORS CONSIDERED WHEN DETERMINING AN ALIMONY AWARD

Before awarding alimony to a spouse, the court will look to a number of factors to determine if alimony should be awarded. Factors looked at by a Judge when determining general alimony include, but are not limited to the following list:

Each spouse’s financial condition.;

  • Each spouse’s financial condition.;
  • 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 length of the marriage;
  • each spouse’s income, earning capacity, age, and health;
  • the standard of living during marriage;
  • the career of the dependent spouse before marriage;
  • each spouse’s education, training, and marketable skills;
  • each spouse’s contribution as homemaker; and
  • any award of property during the divorce.

See 125.150(8).

For rehabilitative support, the court will look at whether the paying spouse obtained greater job skills or education during marriage and whether the dependent spouse provided financial support while the other spouse obtained the education or skills.

If a court decides that rehabilitative alimony is appropriate, it will give a time frame for the recipient spouse to complete training or education to get a job and become self-supporting. In addition, the recipient spouse may also be entitled to costs related to skills testing, guidance to establish a specific plan for training or education, the cost of tuition, books and fees for certain courses, and even subsidization of an employer’s training costs.

TAX IMPLICATIONS OF ALIMONY

Alimony is tax deductible to the paying spouse, and reportable as income for the dependent spouse.

NRS 125.150 Alimony

MODIFICATIONS OF ALIMONY

The spouse who is ordered to pay alimony, may upon changed circumstances, file a motion to modify the order for alimony.

There are no calculators available to determine or estimate the amount of alimony you are entitled to or if you are entitled to alimony. Alimony does not have a formula like child support. Alimony is determined on a case by case basis and will differ depending on the circumstances and facts of your case. Contact Litt Law Firm today to determine what you are entitled to and let us help you get what you deserve.