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Misunderstanding Alimony

Alimony is designed to provide a dependent spouse with financial means when their marriage ends. Sadly, the issue is an often-contested one that can cause a lot of tension and anger. Further, there are numerous misconceptions and misunderstandings regarding alimony that can fuel these fires. If you are considering a divorce, understanding alimony and knowing your legal rights can help you make decisions.

Does Alimony Exist in Nevada?

Yes, it does. Some people carry a misconception that Nevada does not allow for alimony orders. This misunderstanding stems from the fact that Nevada is a community property state, where spouses have an equal right to all marital property. While some community property states may not allow for alimony, the same is not true in Nevada.

Is Alimony Tied to Fault or Misconduct?

Alimony is not tied to marital misconduct. This is significant because it prevents alimony from becoming an opportunity for each spouse to punish each other with embarrassing or inflammatory claims. Instead, Nevada courts may consider the financial conditions of each spouse, the community property division, their separate property and income, the length of their marriage, their health, their earning capacity, their marital standard of living, and the contributions to the marriage of a homemaker. The court can also consider “any other factor” it finds relevant.

Can Alimony Be Calculated?

Unlike child support, which generally follows statutory guidelines, alimony can be unpredictable. There is no reliable calculator through which you can plug in numbers and estimate alimony payments. As mentioned above, there are a wide variety of factors that courts can consider when deciding the amount and duration of alimony payments. The broad discretion means that a judge determines alimony on a case-by-case basis looking at any of these factors. Further, alimony can vary greatly from judge to judge.

Let the Family Law Attorneys at Viloria, Oliphant, Oster & Aman L.L.P. Help

If you are considering a divorce, you need to consult with an attorney. Viloria, Oliphant, Oster & Aman, L.L.P. is a top rated law firm with a focus on the needs of our clients. Our attorneys are experienced and will work tirelessly to pursue your best outcome. Call us today at (775) 227-2280 to schedule a consultation or contact our office through our website.

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