Alimony is financial support that one spouse pays to the other during or after divorce, or both, so that the supported spouse can maintain a reasonable standard of living after the divorce.. In Nevada, the court will consider an alimony award if one of the spouses is financially unstable or unemployable. Either spouse can ask the judge for alimony, and the judge’s orders will be based on one spouse’s needs and the other spouse’s ability to pay. These payments can be a one-time lump sum pay out, or (more commonly) periodic payments for a set period of time.
Types of Alimony
There are two types of alimony in Nevada: general alimony and rehabilitative support. General alimony is financial support to help the supported spouse maintain a reasonable standard of living. Rehabilitative support is financial assistance so that the dependent spouse may obtain training and education in order to become self-supporting.
Alimony Award Factors
The court must first decide whether an alimony order is appropriate, and if it is, what type of alimony to award and finally, how much to award. A judge will consider the following factors for determining whether to award general alimony, and if so, the amount:
- each spouse’s financial condition, including the nature and value of property owned
- the length of the marriage
- each spouse’s income, earning capacity, age, and health
- the standard of living during marriage
- the career of the dependent spouse before marriage
- each spouse’s education, training, and marketable skills
- each spouse’s contribution as homemaker, and
- any award of property during the divorce.
For rehabilitative support, the court will look at whether the paying spouse obtained greater job skills or education during marriage and whether the dependent spouse provided financial support while the other spouse obtained the education or skills.
If a court decides that rehabilitative alimony is appropriate, it will give a time frame for the recipient spouse to complete training or education to get a job and become self-supporting. In addition, the recipient spouse may also be entitled to costs related to skills testing, guidance to establish a specific plan for training or education, the cost of tuition, books and fees for certain courses, and even subsidization of an employer’s training costs.
There are no calculators available to estimate alimony; each case will be decided based on its own circumstances and the factors listed above.
Alimony can be a one-time pay out or periodic payments. The court can even order that one spouse’s separate property be used to make alimony payments. Alimony will terminate at the death of either spouse, or if the dependent spouse remarries. Either of the spouses can ask the court to modify the alimony order, as long as there is a change in circumstances. If the paying spouse has a change in income of 20 percent or more, then the court would consider that a change in circumstances, and would review the order for a modification of the support.
Tax Implications of Alimony
Alimony is tax deductible to the paying spouse, and reportable as income for the dependent spouse.
NRS 125.150 Alimony