Tuesday, January 24, 2012

Nevada does not have a formula to determine if you are entitled to alimony or how much alimony you will receive if you are entitled to an award. Several cases have provided factors that the Court is to look to in determining the extent of alimony if any. You should note that although there are factors for the Court to look to in making a determination, the extent of the alimony is discretionary to the Judge and each Judge varies as to their perception of the factors. Some of the factors are as follows:

  1. The duration of the marriage
  2. The age and health of the Parties
  3. The earning capacity of the Parties
  4. The financial condition of each spouse
  5. The standard of living during the marriage
  6. The contribution of either spouse as a homemaker
  7. Education, skills, and training that each spouse obtained during the marriage
  8. The income or career prior to marriage of the spouse that is to receive support
  9. Each Party’s ability to support themselves
  10. The marketability of each Party
  11. The nature and value of the of the Party’s respective property.

Alimony is not a simple issue as there are several types of alimony (i.e. permanent, rehabilitative, lump sum). Furthermore, along with alimony comes a tax consequence. As such, to fully understand your rights and liabilities related to alimony, you should consult with a family law attorney.