What Does a Court Consider When Awarding Alimony?

envelope with alimony written on it with money sticking out

Alimony exists for many reasons, to include providing  to provide financial support for spouses who have financially relied on the other spouse during their marriage. The idea is that if a person has contributed to a marriage and household—and has become accustomed to a standard of living—then they shouldn’t become destitute when their marriage ends. While this sounds reasonable on paper, it can become one of the more heated aspects of a divorce.

Types of Alimony Allowed in Nevada

In awarding alimony, Courts award alimony as appears just and equitable both when necessary to support the economic needs of a spouse and to compensate for a spouse’s economic losses from the marriage and divorce, including to equalize post-divorce earnings or help maintain the marital standard of living.

The courts can essentially go in one of three ways. There can be “rehabilitative” alimony, which is a temporary form of alimony that specifically contemplates providing for a dependent spouse to obtain the education or training necessary to become self-supporting. The second is to award “temporary” alimony, which will terminate once a specific date or event occurs. The third form of alimony is “permanent” alimony, which has nomay or may not have specific date of termination and can also be by lump sum.

What Evidence Plays Into an Alimony Award?

The Nevada Revised Statutes Section 125.150, which governs alimony awards, grants broad discretion to courts when deciding whether to award alimony to a spouse, how much alimony is paid, and the duration. In deciding the amount and duration of an alimony obligation, courts are explicitly allowed to consider evidence regarding the following factors:

  1. The financial condition of each spouse;
  2. The nature and value of each spouse’s property;
  3. The contribution of each spouse to community property;
  4. The length of the marriage;
  5. The income, earning capacity, age and health of each spouse;
  6. The couple’s standard of living;
  7. The career of the spouse receiving alimony prior to the marriage;
  8. Specialized education or training attained by either spouse during the marriage;
  9. The contributions of the spouse seeking alimony as a homemaker;
  10. How community property was divided between the couple;
  11. The physical and mental health of a spouse relative to their financial condition and earning capacity.

Notably, appellate courts have been clear that a spouse’s marital misconduct can not to be weighed as a factor when awarding alimony. Further, the legislature prescribes no ratio, balance, or weight that a court has to give to any one or more of these factors. Based on extensive case law and knowledge of their local courts, our experienced attorneys are able to provide clients with an indication of the factors that courts will pay attention to in their circumstances.

Trust Viloria, Oliphant, Oster & Aman L.L.P.

Viloria, Oliphant, Oster & Aman, L.L.P. is a full service law firm that offers a wide range of legal services to individuals, such as family law representation. If you are considering a separation or divorce, a lawyer can help you navigate the complex legal issues surrounding property division, spousal support, and child custody. These are critical issues that bear directly on your financial future and your role as a parent. Let our attorneys fight for you. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule a consultation or contact our office through our website.

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