Alimony
Alimony
Most divorces involve claims for alimony, which is also called spousal support. If the marriage is longer than a year or two, and there is a substantial difference in the parties' incomes, then the spouse with less income is likely to request alimony.
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Whether the court ultimately awards alimony depends on whether the lower earning spouse needs alimony in order to maintain the lifestyle he or she enjoyed during the marriage, and the higher earning spouse's ability to pay alimony.
There is no formula for the amount or duration of alimony. The ultimate alimony award is based on the specific economic circumstances of the parties.
What factors does the court consider for alimony?
The most important factors for alimony are usually the need of the receiving spouse, the earning potential of each spouse after the divorce, and the length of the marriage. NRS 125.150(9) spells out the factors the court must consider, in addition to any other factor the court considers relevant. a) The financial condition of each spouse; b) The nature and value of the respective property of each spouse; c) The contribution of each spouse to any property held by the spouses pursuant to NRS 123.030 (which deals with holding property as joint tenants, tenants in common, or as community property); d) The duration of the marriage; e) The income, earning capacity, age and health of each spouse; f) The standard of living during the marriage; g) The career beore the marriage of the spouse who would receive the alimony; h) The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage; i) The contribution of either spouse as a homemaker; j) The award of property granted by the court in the divorce, other than child support and alimony, to the spouse who would receive the alimony; and k) The physical and mental condition of each party as it relates to the financial condition, helath and ability to work of that spouse.
Alimony to receive further education
The court can grant alimony so that a spouse can receive further education or training. This is often referred to as rehabilitative alimony. Alimony for the purpose of attaining further education is more likely if the paying spouse received further education or training during the marriage, and especially if the receiving spouse financially supported the paying spouse while obtaining the training or education.
Justification for alimony
Historically, alimony protected wives at a time when women rarely worked. When it became more common for women to work, the original justification for alimony was lost. The Nevada Supreme Court recently stated gave two justifications for alimony. The first is to allow the receiving spouse to continue enjoying the standard of living enjoyed during the marriage, or at least come as close as possible. The second justification is to reimburse the receiving spouse for economic sacrifices made during the marriage - for instance, foregoing a career in order to keep the home and raise the children. Whether we agree with the Nevada Supreme Court or not, alimony is likely to remain an issue for the foreseeable future.
Process for filing for divorce in Nevada
The standard way to file for divorce in Nevada is to file a Complaint for Divorce. The Complaint for Divorce alleges that two people are married, that Nevada has proper jurisdiction, that there is sufficient grounds for divorce, and that a divorce shall be granted. Although not strictly required, a Complaint for Divorce also commonly alleges that community property shall be divided, community debts shall be divided, alimony shall (or shall not) be awarded, and that attorney fees shall be awarded. The complaint for divorce must also address whether there are minor children in common and whether the court has jurisdiction over custody of the children.  ​ When one spouse files a Complaint for Divorce, the other spouse then responds with an Answer which responds to each allegation in the Complaint. An Answer usually contains a Counterclaim for Divorce, in which the answering spouse also asks for a divorce. ​ Nevada law also allows people to file for divorce through a Joint Petition. In a Joint Petition for Divorce, the parties jointly (together) ask for divorce, making the allegations jointly. A Joint Petition effectively requires the parties to have resolved all the issues in the divorce prior to filing.  ​ The primary advantage of a Joint Petition is that the filing fees are slightly less expensive. There may also be a psychological advantage in the feeling that both spouses filed together. Legally and practically speaking, however, there are many subtle advantages of doing a Complaint-Answer instead, even when the parties have resolved their issues prior to filing. Some of these subtle advantages involve maintaining privacy, streamlining agreements, and properly specifying attorney-client relationships. Although in theory all these things should be possible with a Joint Petition, in practice they become more difficult.