When a couple divorces in Nevada, the court may award alimony if one spouse is financially dependent on the other spouse. These payments, also known as spousal support, are designed to help both parties maintain the standard of living they enjoyed during the marriage. Either spouse can request alimony in a divorce filing and the judge makes a determination based on each person’s current and projected future income and expenses.
Types of Alimony in Nevada
Courts in the state may award either general, temporary, or rehabilitative alimony. With the latter, the spouse who receives financial assistance uses the funds to train for a career so that he or she can eventually become self-sufficient. General alimony simply allows the person to maintain his or her lifestyle after the marriage ends. Temporary alimony is given to the spouse with the lower income only during the divorce process and ends once the divorce is finalized.
Some spousal support arrangements provide monthly payments for a specified time period or indefinitely, while other arrangements include a lump-sum payment. Regardless of the arrangement, the dependent spouse cannot report these payments as income, while the spouse paying alimony cannot deduct this expense from his or her annual tax return as of January 2019.
Factors in Determining Alimony
When making a spousal support determination, the family court judge will consider:
Assets and debts to be divided during the divorce
Each spouse’s contribution to caring for the home and children
Each spouse’s ability to earn a living, including skills, education, and training
The career history of both spouses
The standard of living the couple shared during marriage
The income and earning capacity of each spouse
The age and health status of each spouse
The length of the marriage
Changes to Spousal Support
If the court requires one person to pay alimony, he or she can request a modification to these payments in the case of a change in circumstances or income decrease of at least 20 percent. In addition, Nevada alimony payments automatically end if the person receiving alimony remarries or when either former spouse dies.
The Law Offices of Karen A. Connolly, Ltd. provide legal guidance and advocacy to clients facing divorce.