By: Melissa L. Exline, Esq.
This is one of those “touchy topics” that I find clients get stressed out about. There are emotions loaded in this term that make asking for, and paying, alimony particularly difficult to deal with. In Nevada, there are situations where family law attorneys can tell if a case is an “alimony case” or not. First, alimony is not required. There is no law that mandates this must be put in place. However, if the divorcing couple’s particular circumstances warrant consideration for alimony, it would be odd not to consider it when it factually makes sense.
A long-term marriage, where one spouse makes much more money, is a situation where alimony is generally up for discussion. But, the amount of money or assets each spouse is taking from the divided community estate, and whether someone sacrificed a career or job to enable the other to make more money, are also key factors in an “alimony case.” In shorter marriages, with some income imbalance, is not necessarily a case where alimony is required, or, it would be less significant. For example, Nevada Revised Statute 125.150, asks the judges to consider relevant factors, which include:
(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;
(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 before 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 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, health and ability to work of that spouse.
A Nevada court can also consider ordering support to a spouse in order to get training or education related to a job, career or profession. The goal, overall, is to make sure one spouse is able to “stand on their own feet” so-to-speak, by being financially situated to take care of themselves. If a spouse was out of work or made significantly less money for many years while married, the Court is not inclined to cut that person loose and hope they land on their feet financially speaking. A helping hand from the person that promised to take care of their spouse “for richer or poorer” should be expected, at least to some degree.
Questions to ask include:
How many of these factors apply to your situation?
Can you provide other support that might help, like promising to pay off debts or giving other assets to ease the financial burden?
Taking the time to realize alimony might apply, rather than being surprised that it is something any lawyer or court would expect in your situation, is important so your expectations match with reality.