How Long Does Alimony Last
by Admin | Child Support
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.
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:
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- 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.
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- To know more about alimony refer to NRS 125.150.
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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.
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.
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 Anchor stipulate other provisions.
What Happens If A Spouse Dies?
If one of the spouses dies, alimony payments normally cease. This is the law in Nevada.
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.
To know more information about your premarital agreement in Nevada you may refer to NRS CHAPTER 123A
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:
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- The paying spouse has to provide for the temporary maintenance of the other party
- The paying spouse has to provide for the children which is also stated at NRS 125.040
- The paying spouse has to support the other spouse in their divorce proceedings.
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The court will assess the relative financial situation of each of the parties before ordering temporary spousal support.
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.
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:
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- They may appoint a receiver
- They may force the sale of any property
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Can A Spouse Claim The Other Spouse’s Veteran’s Benefits For Alimony?
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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.
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:
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- There are solid grounds for a divorce case in Nevada
- The spouse has been deserted for an ongoing 90-day period
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Here are the main situations when a spouse may obtain alimony without a divorce:
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- Temporary spouse or child support
- Any costs required to maintain the action to receive permanent alimony.
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What Happens When The Paying Spouse Fails To Make Alimony Payments In Nevada?
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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.
Alimony Duration: How Long Does It Last?
The duration of alimony, also known as spousal support, varies significantly depending on the specific circumstances of each case. In Nevada, several factors influence the length and amount of alimony payments:
- Length of Marriage: The duration of the marriage plays a crucial role in determining how long alimony will last. Generally, longer marriages result in longer alimony periods.
- Type of Alimony: Alimony can be temporary, rehabilitative, or permanent. Temporary alimony is for a set period, often during divorce proceedings. Rehabilitative alimony supports a spouse while they gain education or job skills. Permanent alimony lasts until the obligation is terminated due to the recipient’s remarriage or the payer’s death.
- Circumstances of Both Parties: The financial circumstances of both parties, including earning capacity, age, health, and standard of living during the marriage, are considered.
- Modification and Review: Alimony orders can be modified if circumstances significantly change. Regular reviews ensure that the support remains fair and adequate.
Definition and Purpose of Alimony
Alimony is a financial settlement intended to support a lesser-earning spouse after the termination of a marriage. The main purposes of alimony include:
- Financial Support: Ensuring the lower-earning spouse can maintain a reasonable standard of living post-divorce.
- Settlement of Obligations: Address any financial obligations during the marriage and ensure equitable support distribution.
- Duration of Payments: Establishing a clear timeline for how long the support will be provided, which can vary based on the length of the marriage and other factors.
- Review and Modification: This option allows for modification based on significant changes in circumstances, ensuring the arrangement remains consistent over time.
Hire an Alimony Lawyer
Navigating the complexities of alimony requires expert legal guidance. At Huggins Law Office, our experienced alimony attorneys are dedicated to providing personalized and affordable family law services to help you achieve the best possible outcome. Our lawyers are well-versed in Nevada’s family law statutes, whether you are dealing with divorces, child custody, or alimony issues. We will work diligently to protect your rights and interests.
Hiring a skilled alimony attorney is essential to securing a fair settlement that reflects your unique circumstances. We understand that every situation is different, and our approach focuses on creating a strong attorney-client relationship built on trust and communication. Our team of divorce attorneys will thoroughly review your case, considering factors such as the length of the marriage, financial obligations, and any significant changes in circumstances that may warrant modification of the alimony agreement.
If you’re facing a complex divorce or child custody dispute, our lawyers at Huggins Law Office are here to support you. We offer a free consultation to discuss your case and explore your options. Partner with us to ensure you have the legal expertise you need during this challenging time. Contact us today to schedule your free consultation and take the first step towards a more secure future.
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