Do I Get Spousal Support?
Family law in Nevada does not provide any formula to determine spousal support, or alimony, unlike some other states. Rather alimony can be awarded to either a husband or wife in periodic payments in an amount that “appears just and equitable.” NRS 125.150. Alimony can be determined either through agreement between the spouses or by court order. In addition, spousal support, or alimony, can also influence how the assets of the marriage are distributed. Family laws in Nevada provide that a court shall make an “equal disposition of the community property,” unless the court finds a “compelling reason” to make an “unequal disposition of the community property in such proportions as it deems just.” Moreover, spousal support will usually terminate if the spouse receiving the support remarries or if either spouse dies.
Factors that a Court will Consider in Awarding Alimony
In determining spousal support, a court will take the following factors into consideration: (a) the financial condition of each spouse; (b) the nature and value of the respective property of each spouse; (c) the length of the marriage; (d) the income, earning capacity, age and health of each spouse; (e) the standard of living during the marriage; (f) the career before the marriage of the spouse who would receive the alimony; (g) the educational level and professional skills of each spouse; (h) other property division from the marriage not including child support or alimony; (i) the physical and mental condition of each as it relates to the ability to work.
Obtaining Education or Training
Family law in Las Vegas also provides that a court will have the authority to grant alimony to a spouse “for the purpose of obtaining training or education relating to a job, career or profession.” The factors a court shall consider include: (a) whether one souse has obtained greater job skills or education during the marriage; and whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.
If alimony is granted to obtain education or training, the family law provides that the court must determine how long the spouse is to receive the alimony, and allow the other spouse, upon changed circumstances, to file a motion to modify the order. The alimony may also be used for testing for skills related to a job or profession, evaluation of abilities and goals relating to a job or profession, training, establishing a career plan, job search fees, assistance in a job search or payment for books, fees and tuition.
If the income of a spouse who is ordered to pay spousal support changes by 20% or more, the spouse can request a review for modification of the payments of alimony.
Spousal support payments must be made according to the court order, however, they will terminate in advance if the spouse receiving support remarries or if either spouse dies.
Talk to a family law attorney at the Law Offices of Pintar Albiston in Las Vegas, Nevada. It can save time, stress and money for you later in life if things don’t go to plan.