Spousal Support, or as it is more commonly known, Alimony, is a top concern for many of our potential clients that are considering divorce. As an expert family law Practice, we are an important resource for families in need of a child custody attorney. Although there is no magic formula for determining Alimony, the statute provides guidelines to the Court in making Spousal Support determinations.
An experienced Alimony attorney can relieve the stress of coping with a complex and often confusing system. For purposes of discussion, we will refer to amounts awarded during the pendency of the action as Spousal Support and any post-divorce continuing payment as Alimony.
When determining an appropriate Spousal Support award during the pendency of an action, the court shall consider the following factors;
NRS 125.040 states in pertinent part:
1. In any suit for divorce the court may, in its discretion, upon application by either party or notice to the other party, require either party to pay moneys necessary to assist the other party in accomplishing one or more of the following:
(a) To provide temporary maintenance for the other party;
(b) To provide temporary support for children of the parties; or
(c) To enable the other party to carry on or defend such suit.
2. The court may make any order affecting property of the parties, or either of them, which it may deem necessary or desirable to accomplish the purposes of this section. Such orders shall be made by the court only after taking into consideration the financial situation of each of the parties.
An order for spousal maintenance is therefore discretionary in situations when such payment would be necessary.
The factors for a post-divorce Alimony award are much more extensive and consider many more factors, too numerous for full discussion here.
The factors for an Alimony award generally help the Judge determine three things:
Is Alimony appropriate for this case? This is a yes or no question. If yes:
How much? and,
In addition to the Court factors, formulas also exist to allow a party to state their case as to why an Alimony award is appropriate. The answers to the questions of how much and how long require a legal consultation with an experienced divorce attorney.
If you have questions or need assistance with a family law matter in the Las Vegas, Nevada area, contact our office at 702.565.4335 and set up a consultation with one of our experienced spousal support lawyers.