Spousal support, also known as alimony, is permitted under NRS 125.040. Nevada law provides four types of spousal support that may be awarded in a divorce case, but it is important to understand that not all divorces result in spousal support awards.
The Types of Spousal Support
The four types of spousal support are meant to fill the gap between one spouse’s married and unmarried life, helping the transition. Each comes with their own requirements and time limits, and include:
- Temporary Spousal Support – This is a sum of support awarded to one spouse during the divorce action and is often referred to as a temporary maintenance support.
- Temporary Alimony – Temporary alimony is similar, but there is a specific termination date in the future, or an event that will terminate the spousal support prior to that date.
- Rehabilitative – This type of support is used to help one spouse receive training or education relating to a career, job, or profession. When deciding rehabilitative support, the court will consider if obtaining new skills will adequately prepare the spouse for supporting themselves.
- Permanent Alimony – These are very rare, but still exist in Nevada. Permanent spousal support has no termination date or event that could end payments from one spouse to another (except for the paying spouse’s death).
Factors That Influence Spousal Support Awards
The state of Nevada has several factors that are used to guide attorneys and judges into determining what amount of spousal support is fair under the law. That being said, the general statute (NRS 125.150(1)) is rather vague and only requires just and equitable guidance. Some things that can influence the duration or amount of support include:
- The financial health of each spouse.
- The value of each spouse’s property.
- The contribution each spouse made toward that property.
- The duration of the marriage.
- The income, earning potential, age, and health of each spouse.
- The standard of living each spouse became accustomed to during the marriage – and comparing such to the living they will experience post-divorce.
- The career of each spouse prior to the marriage, and if one spouse sacrificed their own career to contribute toward the other spouse’s career advancement.
- The level of marketable skills each spouse has in the job industry.
- The physical and mental condition of each spouse.
- The contribution of either spouse toward home-making.
The Judge’s Discretion
The state does allow a judge plenty of discretion when determining spousal support awards. There are some instances that you should be aware of when requesting spousal support during your divorce:
- If the marriage is less than three years, it is unlikely a judge will award support.
- If the marriage lasted three to 20 years, alimony could be granted for as much as half of the marriage’s duration.
- If the marriage was longer than 20 years, permanent alimony is possible – especially if one spouse spent that 20 years as a homemaker supporting the other spouse’s career.
Speak with a Nevada Family Law Attorney
If you are interested in receiving spousal support, you will want to discuss your options with an attorney. The attorneys at De Castroverde Law Group can assist you. Schedule a consultation at 702-222-9999 or fill out an online contact form.