Nevada courts may grant alimony on a case-by-case basis. The award of alimony is never guaranteed. The court will consider the circumstances of the parties and the length of the marriage in deciding on a settlement agreement.
Types of Spousal Support
- Temporary – can be granted while divorce is pending.
- Short-Term – granted to facilitate employability through education, training, or skill development generally.
- Long-Term or Permanent – generally granted in cases of long marriages where one spouse’s income greatly exceeds the others and the interests of justice require alimony.
Who is Eligible for Alimony in Nevada
Anyone who is married and seeking a divorce under Nevada law may request alimony as part of the divorce decree. The court has discretion in granting support payments.
Nevada Alimony Guidelines (Factors for Awarding Alimony)
To decide whether alimony is warranted in a divorce cased, the court will consider the following factors:
- Earnings and earning capacities of the spouses;
- Ages and health of the spouses;
- Duration of the marriage;
- Whether a spouse has been out of the work force for a long time;
- Education of the parties and the time necessary to acquire education or training to enable a party seeking alimony to find employment;
- Assets and liabilities of the parties; and
- Needs of the parties.
Reasons for Termination or Modification of Alimony in Nevada
A party who seeks termination or modification may petition the court if circumstances have changed such that modification is in the interests of justice.
Marital Fault in Nevada
In Nevada, divorce may be granted based on the following grounds:
- Irreconcilable differences;
- Insanity for at least two years prior to the divorce action; or
- Spouses living separately for at least one year.
How Long Does Spousal Support Last in Nevada?
Support lasts for a set amount of time as determined by the court. Either party may request modification or termination at any time based on provable change of circumstances impacting either the paying party’s ability to pay or the receiving party’s need.
Nevada Alimony Taxes
Alimony payments can be claimed as a deduction on federal income taxes. The receiving party is required to claim the alimony payments as income if they are part of a mandatory award ordered by the court. Discuss the tax consequences of your settlement with a knowledgeable attorney.
Find an Alimony Attorney in Nevada
Divorce can be a difficult process to go through. Get the help of a Nevada family law attorney to protect your rights, income and assets. An attorney will help you with paperwork, advocate on your behalf in court and answer any questions you have during the proceedings.