HOW DOES NEVADA DETERMINE ALIMONY (SPOUSAL SUPPORT)?
Under NRS 125.150 in Nevada, a court can award alimony to a husband or wife that appears to be equitable and just.
- In deciding whether or not to award alimony, the following factors can be considered by the court:
– Each spouse’s financial condition
– The value and nature of the property that is owned by each of the spouses
– The contributions that each spouse has made to the community property of the marriage
– How long the spouses were married
– Both spouses’ health, age, earning capacity, and income
– The standard of living that the two spouses were accustomed to while they were married
– The career that the spouse receiving the alimony had before the marriage
– Any marketable skills or specialized training or education that either spouse obtained over the course of their marriage
– The contribution that either spouse made as a homemaker
– Property that the court granted to each of the spouses as part of the divorce
– The mental and physical condition of each of the parties as it relates to the ability to work, financial condition, and any other factors that are relevant.
- Is alimony awarded in the form of monthly payments at all times?
Alimony can be awarded either as specified periodic payments or as a one-time payment in Nevada divorces.
The most common are monthly payments, however, a court does have the discretion to impose whichever payment schedule seems to be the fairest.
- In Nevada, can alimony be reduced ever?
Alimony orders can be modified by Nevada courts. This occurs most often when the paying spouses cannot afford it any longer.
When a spousal support award is modified it applies only to payments that have not accrued yet. The court will not cancel or reduce any alimony payments that are past due. However, the spouse who is receiving alimony can stipulate that past payments were satisfied.
- What if either I or my spouse remarries?
If the spouse who is receiving alimony remarries, then normally spousal support payments will stop.
An exception to this is if it is provided otherwise by a prenuptial agreement or the original alimony award.
- What happens if my spouse dies?
In Nevada, alimony payments normally stop upon the death of either individual.
Engaged couples in Nevada are able to waive their right for receiving alimony by stipulating it in a prenuptial agreement.
- What if I had a prenuptial agreement with my spouse?
In divorce proceedings, courts do not order alimony if this goes against an enforceable, valid premarital agreement in Nevada. The prenuptial agreement can be revoked or amended only by a written agreement that has been signed by both parties.
- Temporary spousal support during divorce proceedings in Nevada
A judge during a divorce proceeding can order temporary alimony payments. Typically, these last for just as long as the divorce proceeding lasts.
With a temporary alimony order, the paying spouse is required to:
Provide for the other spouse’s temporary maintenance;
Provide temporary child support in Nevada for the couple’s children; or
Allow the other spouse to continue with the divorce proceedings
When determining whether or not to order temporary spousal support, the relative financial situations of both spouses will be considered by the court.
- Alimony for education or job training
A spouse can be awarded alimony by a Nevada court for the purpose of obtaining education or training related to a profession, career, or job. This training can include training in skills that are desirable for employment, college courses, or a high school diploma.
Factors that might be considered by the court include the following:
Whether or not the spouse who would be paying the alimony has obtained more education or job skills throughout the marriage.
Whether or not the spouse who will be receiving the alimony contributed financial support as the other spouse was obtaining education or job skills.
At times, alimony might be awarded for education or job training purposes.
- Can I force my spouse’s property to be sold in order to ensure my alimony will be paid?
While the divorce action is proceeding, a court can prevent either of the parties from disposing of any of their property.
After the divorce has been finalized, the court can use various means to enforce the judgment, including the following:
Appointing a receiver, or
Forcing the sale of any real or personal property – including the separate property of the spouse.
- Can my veteran’s benefits be levied for alimony by my spouse?
Normally courts cannot seize the federal disability payments of a veteran for alimony. This can only be done if a premarital agreement has provided otherwise.
- Can I receive spousal support in the state of Nevada without getting a divorce?
Spouses can obtain spousal and child support without getting a divorce when:
A spouse has grounds for divorce, or
A spouse was deserted, and this desertion has been in effect for 90 days.
While the action is pending, then the court might require a spouse to either pay:
Temporary child or spousal support, and/or
The costs to maintain the action of permanent support.
- What occurs if I fail to make my alimony payments in the state of Nevada?
In Nevada, if a spouse does not make their spousal support payments, then the other spouse can request a court order.
A court order can call for seizing and selling the assets of the defaulting spouse. These assets may include the defaulting spouse’s bank deposits, house or other forms of property.
A defaulting spouse also is liable for her or his ex-spouse’s attorney’s fees.
Under NRS 201.020, it is a crime to default on spousal support – which is the law in Nevada against failing to make their alimony payments. However, usually, criminal charges are not brought if the failure to pay the alimony was due to being unable to find work.
Otherwise, if the amount of alimony that has not been paid is less than $10,000, in the state of Nevada it is a misdemeanor with a punishment of up to a six-month jail sentence.
When $10,000 or more is owed in spousal support, it is a felony that is punishable by up to a five-year prison term.
Family court judges also might also consider a conviction when making a determination on child custody.