Alimony in Nevada: What are the Requirements? Las Vegas Alimony Attorney Answers

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DOES NEVADA LAW ALLOW FOR ALIMONY?
a. Yes. Nevada law provides four basic kinds of alimony or spousal support that might be awarded in a divorce case:
i. Sums awarded from one spouse to another during a divorce action as temporary spousal support or “maintenance.”

ii. Permanent alimony – meaning alimony for which there is no specified termination date or event (other than the death of a party or, usually, the re-marriage of the recipient).

iii. Temporary alimony – which is similar, but does have a specific future termination date or event. And

iv. Rehabilitative alimony – support for the purpose of allowing the receiving spouse to obtain training or education relating to a job, career or profession.

2. HOW MUCH ALIMONY SHOULD I EXPECT TO BE ORDERED?
a. It is extremely difficult to predict alimony awards without knowing all the details of an individual case.

b. There is virtually no legislative guidance as to when alimony is appropriate, or how much should be paid; there is no formula, as there is with child support.

c. And while the Nevada Supreme Court has issued many opinions over the years attempting to give some guidance, and established a “non-exclusive” list of factors to be considered, the cases do not really permit prediction, either.


3. IF A SPOUSE HAS AN AFFAIR, DOES THAT GUARANTEE OR BAR AN AWARD OF ALIMONY?
a. No. The Nevada Supreme Court has clearly stated that simple “fault” or “bad acts” that do not directly cause economic harm are explicitly not to be considered in the granting or denial of alimony.

b. Also, there is no longer any difference by gender — either husbands or wives may receive, or be ordered to pay, alimony to the other.

4. I WOULD RATHER RECEIVE A LUMP SUM, IS THAT POSSIBLE?
a. It is possible. The Supreme Court has held that at least when a potential alimony obligor is wealthy, old, and sick, the trial court must explicitly consider awarding lump sum alimony. It can be ordered in other cases, as well.

5. IF ALIMONY WAS ORDERED IN MY DIVORCE IN ANOTHER STATE, CAN I MODIFY IT HERE IN NEVADA?
a. The short answer is “no.” One peculiarity of the Uniform Interstate Family Support Act, or UIFSA, is that only the State which made an original alimony award may modify it — no matter how many years have passed, and even if everyone left that State.

b. This makes modification of alimony follow very different rules from those relating to child support.

6. DO YOU HAVE EXPERIENCE WITH ALIMONY LITIGATION?
a. We know this subject very well. We actually created the analysis used by lawyers and judges to evaluate alimony claims, and we teach this subject to other lawyers.

b. The Willick Law Group has negotiated and litigated cases involving alimony in Nevada for decades, on behalf of both payors and recipients.

c. We try in every alimony case to achieve a result consistent with both justice and our client’s wishes.

7. IF I HAVE AN ALIMONY OR OTHER DIVORCE ISSUE, CAN I CALL YOUR OFFICE?
a. Absolutely. Though we can’t provide legal advice over the phone, since every person’s case is different, we can schedule an in office consultation to review the particular facts and circumstances of your case. All you have to do is call 702-438-4100.