One common question that we get from our clients in nearly every Las Vegas Divorce case is whether alimony will be awarded. The alimony statutes and case law provide some guidance, but are not rigid calculations and leave a lot of room for interpretation. As a result, each case may result in different outcomes depending on the facts of the case and even which Clark County Family Court Judge you are in front of. This blog post is intended to provide a general understanding of what alimony is, when it is awarded, how it is calculated, if it can be avoided, and if it can be modified, so that you are more prepared for your consultation with an attorney or if you are simply contemplating divorce. What is Alimony? Alimony (sometimes referred to as Spousal Support) is an equitable award serving to meet the post divorce needs and rights of the former spouse (either husband or wife). The two primary purposes of alimony are:
- To Narrow any large gaps between the post-divorce earning capacities of the parties, and;
- To allow the recipient spouse to live as nearly as fairly possible to the station in life enjoyed before the divorce.
- General: Under NRS 125.150, alimony can be awarded if it appears just and equitable, and;
- Rehabilitative: The same statute allows a rehabilitative award to provide necessary training or education relating to job, career or profession.
- The financial condition of each spouse;
- The value of separate property of each spouse;
- Duration of the marriage;
- The income, earning capacity, age and health of each spouse;
- The career before the marriage of the spouse who would receive the alimony.