Alimony in Nevada is open to every couple going through a divorce. It can be an important financial payment for many people. But, you must be aware of the rules in Nevada if you want to take advantage of this.
Let’s take a look at what the state says about spousal support.
What Is Spousal Support Nevada?
Spousal support, also referred to as alimony, is a payment that one spouse will make to another during or after a divorce. The purpose of this payment is to help the other person financially. This can happen if they are unemployed or earn a lower wage, and they will be disadvantaged by the divorce.
Thus, spousal support is a payment designed to help a spouse maintain their lifestyle and avoid struggle during or after a divorce. It can be a temporary or permanent measure, with a judge deciding what the best solution will be in a court.
Are There Different Types of Alimony?
Yes, you will find several types of spousal support available in Nevada. Again, the judge will decide the best alimony for the situation. Namely, you are going to hear of four types of spousal support.
Just as the name suggests, temporary support will be a non-permanent measure that will help a spouse. Namely, this will be during divorce proceedings only, and it will help cover living expenses.
For after divorce, a short-term alimony award can be given. This has an end date and will only last for a short time to ensure the spouse can stand on their own two feet.
Next, there is rehabilitative alimony. The purpose of this type of spousal support is to help a spouse become self-supporting. Perhaps it will take them some time to get used to being financially independent and require some work to get there. For example, this could include looking for employment or attaining education. So, rehabilitative alimony will be a measure to help them during this time.
Then there is permanent alimony. This is seen less often in Nevada, but it is still an option that a judge can choose. This means that a spouse will receive spousal support permanently.
It can be seen in long marriages where the other partner is financially taken care of by the spouse. It can mean that financial independence is not possible due to age, health, or other elements.
Is Alimony for Men or for Women?
Spousal support is a financial measure available to both husbands and wives during and after divorce. It is not reserved for one gender over another. In society, it is most likely that the woman will receive spousal support after a divorce. But, this does not mean that men cannot apply for alimony.
In Nevada, the judge is less concerned about gender. Instead, they are going to be looking at the financial needs of a spouse and whether they are going to need support during or after divorce proceedings.
How Does a Judge Calculate Alimony in Nevada?
A judge will work out spousal support in a unique way in each case. In other words, there is not a specific formula used, and every award will be different. The purpose of the judge having this freedom means that each case can be fair, and the award will be suitable for the couple in question.
But, there are some factors that a judge will look at in each case to help them make their decision. This provides some continuity and helps a judge know what to look at. For example, they will take a detailed look at the financial condition of each spouse and their employment. Their contribution to marital property and its value will also be important.
Most judges do consider the length of the marriage. The age and health will be thought about, as well as the standard of living enjoyed during that marriage. Therefore, the judge does have discretion in each case but will focus on finding a just and equitable solution.
How Long Does Spousal Support Last in Nevada?
There is no defined period of time that spousal support has to last in the state. Instead, each case will depend on the facts and what is going to work best for the person paying the alimony and the spouse receiving financial support. Again, the judge has discretion regarding the length of spousal support in Nevada.
Thus, spousal support could last for as little as six months. Alternatively, it could be a permanent order that means that the spouse will receive the payments until something material changes in their life.
How Can You Pay Alimony in Nevada?
There are two ways you can pay spousal support in Nevada. This is through a lump sum or by making periodic payments of alimony. The judge will choose what will work best for the recipient and the spouse that is going to be paying the financial support after the divorce. The judge will make sure that both are happy.
Most of the time, periodic payments are selected. This means that a spouse will pay money to the other every month. This allows the money to come from their paycheck, and it can be easier to manage. For example, an income withholding order can be in place, which means that the payment comes directly from the employer.
This does not mean that lump-sum cannot be chosen by the judge. Just as the name suggests, a spouse will pay all of the alimony in one go. This means that they simply pay once, fulfilling their obligation for spousal support. It is possible to award property in this way.
Can You Modify Spousal Support?
Yes, it is possible to have a judge modify the spousal support that one pays to another. But, it is essential to realize that this is not something done quickly or for no reason. For example, simply because one spouse no longer wants to pay the other will not be a good reason to change the order.
Instead, there has to be a significant change in circumstances to modify spousal support in Nevada. For example, if one spouse’s income changes, this can mean that a judge will take a look at the order again.
Say that the payor loses their job or has to take a position that is lower paid. They may be able to have the spousal support they pay reduced if they fail to meet the requirements.
There is a law in Nevada that means a judge will only consider the income of spouses if there is a change of 20 percent. In other words, there has to be a 20 percent decrease in the amount of money someone is getting paid for a review of spousal support.
What Events Will Terminate Nevada Spousal Support?
If a judge does not specify when alimony will end, there are two events that are going to terminate spousal support. Namely, this is when one of the spouses dies. Of course, this means that the financial support cannot be given or it cannot be received. Therefore, the order will terminate.
Alternatively, if the person receiving spousal support decides to remarry, this will end the alimony they get. The court will view this as an event that means they are now financially taken care of by their new partner.
What Can a Spouse Do if the Other Is Not Paying Alimony?
If a spouse is not making the payments they should, and that was set by the judge, the recipient has a few options they can take. Namely, they can go back to the court and ask the judge for help. They can make an enforcement order that will mean that the spouse has to pay what they are due.
For example, a judge can order the seizure of wages or money from their bank account. They can even put a lien on property or take away a professional license. In the worst scenarios, a person can be sent to jail or have to pay a substantial fine for failing to meet their spousal support obligations.
If you are paying spousal support, the best thing you can do is always try to pay on time and the amount due. This will avoid any bad situations arising that will get you into trouble.
If you have difficulty meeting the payments due to a change in circumstances, you can approach the court to make them aware of this. This can lead to a modification of the alimony order.
The rules can be complicated if you want to get alimony in Nevada. That is why it is best to do your research beforehand to know what you can enjoy during a divorce.
Let’s take a look at everything we have learned so far about Nevada divorce laws and what spousal support is:
- Spousal support is a payment that one spousal can receive during or after a divorce to help them financially
- Alimony can help maintain a similar lifestyle, and it can be a temporary or permanent payment from one spouse to another
- There are four types of alimony: temporary, short-term, rehabilitative, and permanent
- Spousal support is available to both men and women during and after a divorce
- The judge will concentrate on the financial needs of a disadvantaged spouse and how payments can support them
- There is no formula for deciding on alimony in Nevada, and the judge will look at all of the facts of the case
- Alimony laws in Nevada often mean that the length of marriage is a factor under consideration
- Spousal support can last for several months or even indefinitely, depending on the needs of a spouse
- You can pay alimony through a lump-sum payment or periodic payments
- A judge can modify spousal support if substantial changes occur that make a payment no longer fair and just
- Nevada alimony laws mean that a judge only considers the income of spouses to modify alimony I there has been a change of 20 percent
- If a recipient remarries or one of the parties dies, this is going to end spousal support in Nevada
- The court can help if one party is not paying their spousal support on time or at all
- Professional licenses or a driver’s license can be suspended if you try to avoid alimony in Nevada, as well as fines and jail sentences issued
If you are going through a divorce, spousal support may be something you need to stand on your own two feet. It should be brought up in court, and this can provide you with some financial support through and after a tough time.
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