Nevada Alimony Laws
The issue of alimony plays a large role in many divorce proceedings throughout the United States, but variances in this aspect of divorce law can exist in each state's legal code. Nevada permits the court to award alimony payments on a temporary or indefinite basis, depending on the circumstances of the individual case. Nevada alimony laws however, do not stipulate exact formulas, maximum payouts and the like. In determining an award, the court will look at several factors and how they apply to the case at hand. The presence of a pre-nuptial agreement or certain retirement benefits will affect alimony awards. Anyone with questions about any aspect of Nevada divorce law should consult a qualified lawyer.
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Types of Alimony.
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In Nevada, the courts will consider two types of alimony---general support and payments made specifically to help the receiving spouse obtain education and/or training to improve employment prospects. The court could award both types at the same time.
Relevant Considerations for General Support.
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When deciding on the amount and duration of alimony payments for general support, the law permits the courts to take many factors into account. Relevant considerations include but are not limited to the amount of marital property the receiving spouse received in the divorce (this excludes any child support awards), duration of the marriage, general financial circumstances of both parties, homemaker contributions and career held by the receiving spouse before marriage, each spouse's contribution to shared property and the physical and mental condition of both people.
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Relevant Considerations for Education/Training Support.
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If the court decides to award money to pay for the education and/ or training of the receiving spouse so that she may find suitable employment, the court will take two factors into consideration. They include whether the paying spouse obtained education or job training to elevate employment prospects during the marriage and if the receiving spouse provided financial support during the training or education period. In addition to requiring the paying of tuition for the actual classes and training programs, the court can also craft the payment amount to cover such things as career assessment and skill-testing, job search assistance, professional guidance in formulating a training or educational plan, employer's cost to train the spouse and books.
In this order, the court will set a start date by which the receiving spouse must begin their education or training.
Modifying Support
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The court permits the paying spouse to file a motion requesting a reduction in alimony payments in both instances based on a change in financial circumstances. Nevada law states that the spouse must suffer at least a 20 percent reduction in gross monthly income to receive consideration for modification. Other reasons for modification requests exist, such as improved circumstances of the receiving spouse.
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References
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