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When you're going through a divorce, one of the most pressing concerns is alimony. Who pays it? How much is it going to be? How long will it last? These questions can weigh heavily on your mind. We understand the complexities surrounding alimony laws in Nevada, and below, we aim to shed light on Nevada Revised Statutes (NRS) Chapter 125, specifically NRS 125.150, which outlines the law on alimony and property rights during a divorce.
Alimony is a financial support one spouse may be required to pay to the other after a divorce. Its purpose is to limit the economic effects of a divorce by providing a continuing income to a spouse who either has no income or earns significantly less than the higher-earning spouse.
NRS 125.150 is a pivotal statute that covers a range of issues related to alimony, property disposition, attorney's fees, and post-judgment modifications. Let's break it down in simpler terms:
According to Nevada law, the court has the discretion to award alimony to either spouse. The amount and type of alimony are based on what the court deems "just and equitable."
NRS 125.150 provides that the community property of the divorcing parties should be divided equally. However, if there's a compelling reason, the court can make an unequal division of property, provided the court explains its reasoning in writing.
You're not stuck with an alimony arrangement forever. If circumstances change, you can go back to court to seek modifications to the alimony agreement. Nevada law allows modifications if there's been a "changed circumstance," such as a significant change in income.
The court considers various factors when determining alimony, including the financial condition of each spouse, the duration of the marriage, and each party's earning capacity. Some other considerations include the standard of living during the marriage, the contributions each party made to the marital assets, and the health and age of each spouse.
Nevada law also offers special considerations for a spouse who may need additional training or education to enter the job market. The court considers whether the spouse providing the alimony received more considerable job skills or education during the marriage and whether the recipient spouse financially supported the other during this period.
According to NRS 125.150, a change of 20% or more in the gross monthly income of a spouse who is ordered to pay alimony is deemed to be a "changed circumstance" that warrants a review for modification of the alimony payments.
According to NRS 125.150, the court has the discretion to award different types of alimony, each with its own purpose and duration. They can be broadly categorized into temporary alimony (during the divorce proceedings), short-term alimony (to bridge the gap post-divorce), long-term or permanent alimony, and rehabilitative alimony (aimed at providing training or education to the recipient spouse).
NRS 125.150 states that the court will determine alimony based on what is "just and equitable." Factors like each spouse's financial condition, the duration of the marriage, the couple's standard of living, and the needs of the recipient spouse come into play. There's no fixed formula, so the court will weigh various elements to arrive at a fair amount.
Yes, Nevada law under NRS 125.150 allows for post-judgment modifications to alimony agreements. If there's been a "changed circumstance," you can go back to court for a modification. A change in income of 20% or more for the spouse paying alimony is usually considered enough to warrant a review of the alimony terms.
If the spouse receiving alimony remarries or starts cohabiting with someone, NRS 125.150 provides the grounds for a modification or even termination of alimony payments. However, this is not automatic; the payer must go to court to seek this change.
NRS 125.150 does state that property rights are a component to be considered in divorce proceedings, including alimony. While the law broadly aims for an equal division of community property, an unequal distribution can sometimes affect the amount or need for alimony.
Nevada law takes into account whether one spouse may need additional training or education to be self-sufficient. The court will consider this factor, especially if the other spouse gained significant job skills or education during the marriage at the expense of the recipient spouse’s career or education.
Failure to adhere to court-ordered alimony payments can result in serious consequences, including wage garnishments, fines, and even jail time. If you're facing difficulties, it's advisable to consult legal counsel and consider seeking a modification in court.
NRS 125.150 covers many details, but every divorce case is unique. It's essential to consult a Nevada family law firm experienced in interpreting and applying Nevada's alimony laws. Understanding your rights and responsibilities – as well as the different approaches to your case that are available to you – can make a significant difference in your financial future post-divorce.
Your family law situation is unique, and you deserve a lawyer who can provide personalized solutions. The Barber Law Group has been operating in NV for years, offering compassionate and effective legal guidance. We will walk you through every step of the process, ensuring you understand your options. Get started by calling (775) 323-6464 or click online to schedule your initial consultation.