What is Post-Divorce Alimony?
Post-Divorce alimony is an ongoing payment that is meant to provide for the recipient spouse after the divorce is final. Post-Divorce alimony differs from temporary alimony because it goes beyond the existence of the marriage to assist the recipient spouse in becoming financially independent.
A Post-Divorce alimony order can be terminated by the death of either spouse, the remarriage of the recipient spouse, or a subsequent order by the Court. It is usually awarded in cases involving couples that have been married for many years, where the recipient spouse has become financially dependent and has no way of supporting themselves immediately following the divorce.
Factors Determining Post-Divorce Alimony
When determining if Post-Divorce spousal support will be paid, Family Courts in Nevada look at each case on an independent basis. Alimony is not mandatory.
The courts have discretion to decide if spousal support should be awarded or denied, the amount of spousal support awarded, and the duration of the spousal support payments.
According to Nevada Revised Statute 125.150, the court considers several different factors when determining if alimony should be awarded, such as:
(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 with that spouse.
However, if the spouses have a valid premarital or prenuptial agreement the court may be required to follow the agreement of the parties.
Modification of Post-Divorce Alimony
Although post-divorce alimony generally terminates by its own terms, by the death of either party or remarriage of the recipient party, it may be increased, reduced or terminated because of a substantial change in circumstances of one or both of the parties.
For example, the spouse paying post-divorce alimony may petition to have the order modified because the recipient spouse began cohabitating with another person.
The Nevada Supreme Court held in Gilman v. Gilman, 956 P.2d 761 (1998), that cohabitation of the recipient spouse with a third party may be grounds for modification of termination of a post-divorce alimony order if the recipient spouse’s financial needs are reduced due to contribution of funds from the live-in partner. The Court referred to this consideration as the “economic-needs” test.
Alimony can also be modified by the court if either the recipient or paying spouse’s income changes by 20% or more. Such a change acts as automatic grounds for review of the post-divorce alimony order upon the filing of a motion by either party.
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Clark County Post-Divorce Alimony Attorneys
Alimony awards in Nevada can be very subjective because the laws of Nevada do not provide an exact metric by which alimony is calculated. As such, alimony judgments are fact driven and are determined by the court on a case by case basis.
To prevent being denied alimony or being ordered to pay a high amount of alimony to your spouse, retaining a Las Vegas post-divorce alimony attorney is in your best interest. Our attorneys are skilled in all family law matters. As with all legal matters, time is crucial to preserving legal rights. Contact us today at (702) 386-0030 to schedule your consultation and discuss your case with an experienced Las Vegas attorney.
