Two types of Alimony:
i)        Temporary – Awarded after the commencement but prior to the conclusion of the divorce proceedings;
ii)        Permanent – Awarded at the conclusion of the divorce proceedings.

Temporary Spousal Support
In many instances, one spouse is the primary “breadwinner” and controls the finances of the marriage.  It would thus be inherently unfair for the other spouse, without access to the finances, to have to litigate the divorce, support himself/herself, and/or support the children.  Therefore, the law allows the court to award temporary spousal support, temporary child support, and enough money to allow the spouse to hire an attorney to carry out or defend the divorce lawsuit.  NRS § 125.040. This allows both spouses to have their day in family court on an “equal basis.”  See Sargeant v. Sargeant, 88 Nev. 223 (1972).

Permanent Spousal Support
The court may award alimony to a spouse in the amount that it determines is “just and equitable.”  NRS § 125.150(1).  The court will look at the following factors to determine what is “just and equitable:”

i) The financial condition of the parties;
ii) The nature and value of the parties’ respective property;
iii) The contribution of each to any property held by them as tenants by the
entirety;
iv) The duration of the marriage;
v) The husband’s income, earning capacity, age, health, and ability to labor;
and
vi) The wife’s age, health, station and ability to earn a living.
See Rodriguez v. Rodriguez, 116 Nev. 993 (2000).

Rehabilitative Alimony
Alimony may be specifically granted to a spouse to allow him/her to obtain training or education relating to a job, career, or profession.  In granting rehabilitative alimony, the court must consider the following two factors:

i) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and

ii) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.  See NRS § 125.150(8).

Modification of Alimony
An alimony award may be modified only for future payments (not for payments that have accrued) and only upon a finding of “changed circumstances.”  NRS § 150(7).  The following are situations in which the court may find a “’changed circumstance” allowing a modification in alimony:

i)        If the income of the spouse who is ordered to pay alimony, as indicated on the spouse’s federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony, the court may reduce the amount of alimony.  NRS § 125.150(7);
ii)        If the spouse receiving the alimony cohabitates with another and as a result of that cohabitation his/her need for the financial support decreases, the court may reduce the amount of the alimony.  See Gilman v. Gilman, 114 Nev. 416 (1998);
iii)        If the gross monthly income of the spouse who is ordered to pay alimony increases by twenty percent (20%) or more, the court may increase the amount of the alimony.  See NRS § 125.150(10).

The attorneys at Lin & Associates (702-DIVORCE) are ready to ensure that your rights under Nevada law are fully protected.