Alimony in Nevada is not calculated with a simple formula. Instead, the court looks at the financial circumstances of both spouses, including income, earning ability, property, debts, length of the marriage, standard of living, career history, and whether one spouse needs support while becoming financially independent. Because alimony is highly fact-specific, both the person requesting support and the person being asked to pay should speak with a Las Vegas alimony attorney early.

A spouse may qualify for alimony when there is a financial imbalance between the parties and support is appropriate under the facts of the case. This can happen when one spouse earned significantly more, one spouse stayed home to care for children, one spouse sacrificed career opportunities, or one spouse needs time to complete education or training. Alimony is not automatic, and the court will consider both need and ability to pay.

In most cases where alimony is awarded, the parties have been married between 5 and 20 years, one party earns significantly more than the other, and there are insufficient resources after divorce upon which the party earning less (the “disadvantaged spouse”) can live.  In such cases, the Court will generally make a portion of the net income of the income-earning party available to the disadvantaged spouse in alimony, for roughly half the length of the marriage.  The amount and duration of the alimony will depend largely upon the immediate needs of the disadvantaged spouse.  But rarely is the alimony award enough to live on.  Usually, it’s enough to help keep the spouse afloat while they seek better employment, and to help them get on their feet.

The length of alimony depends on the facts of the marriage and the court’s order. Some awards are temporary, some are rehabilitative, and others may last longer depending on the length of the marriage and the financial circumstances of the parties. The goal is often to help a financially disadvantaged spouse transition after divorce, not necessarily to equalize both households forever.

A special form of alimony, rehabilitative alimony, is awarded to a spouse who needs to finish their education. The idea is that if a person can earn significantly better income if they are allowed to complete their degree or trade, it is better for everyone if they are allowed to do so.  The Court can then provide a brief period of rehabilitative alimony, even if ordinary alimony is not awarded.

But as alimony is such a fact specific issue, having the advice of an experienced family law attorney is crucial.  The attorneys at Nevada Family Law Group are well prepared to review their client’s financial conditions and to work to get them the alimony they deserve.

(For the Nevada Supreme Court's take on the concept of "need and ability to pay alimony," see Engebretsen v. Engebretsen.)

In some cases, alimony may be modified after divorce if there has been a significant change in circumstances. Changes in income, employment, retirement, disability, or other financial facts may matter. However, whether alimony can be changed depends on the language of the order and the facts of the case. Before stopping payments, reducing payments, or assuming you are entitled to more support, talk to a Nevada alimony attorney.

Alimony disputes often turn on details: income, expenses, earning capacity, lifestyle, debt, property division, and credibility. A poorly presented alimony request can leave money on the table, while a poorly defended claim can create an unfair long-term obligation. Nevada Family Law Group helps clients in Las Vegas, Henderson, and Clark County present the financial picture clearly and protect their future after divorce.