Sometimes, a spouse going through a divorce will need financial help to get by during the process or to make the transition to living on their own. In those circumstances, the divorce court can require the spouse with higher income to pay alimony to the other. Whether you need such support or are opposing a request to pay it, Miley Law Firm, P.C. has the knowledge and experience to assert your rights effectively.
Alimony, or spousal support, is the court-imposed obligation of one divorcing spouse to make lump sum or periodic payments to the other spouse. It is not automatically awarded. Rather, it requires proof that the paying spouse is financially independent and that the spouse receiving alimony is in need of assistance. Nevada recognizes four types of alimony:
Rehabilitative alimony is the most common form, while permanent alimony is the rarest, typically being awarded only where the marriage has lasted a long time. I can determine whether you or your spouse is entitled to alimony and bring or defend against the claim on your behalf.
When a divorce court is presented with a claim for alimony, it considers several factors in determining whether to award it and in what amount. These include:
An alimony award is based on the twin criteria of one spouse’s need and the other’s ability to pay. I carefully review the circumstances of my client, whether it be the payer or receiver, and build a case for the amount of alimony that is most in accord with his or her financial interests and requirements.
Many alimony awards are pre-set to expire in certain circumstances, but even permanent alimony is not necessarily permanent. Unless the order provides otherwise, alimony expires when the recipient remarries or either ex-spouse dies. In addition, the court can modify an alimony order if there are changes of circumstances, such as in the income, employment or disability of either spouse. The court will consider an increase or decrease in either spouse’s income, but only if the difference between the old and new incomes is substantial, which usually means 20 percent or more. If you are in need of an increase, reduction or cessation of ongoing alimony payments, I have the skill to build a strong case and present it to the court.
The Miley Law Firm, P.C. advises and represents Nevada clients regarding alimony and other divorce issues. Please call 702-942-0600 or contact me online to make an appointment for a meeting at my Las Vegas office.