Board Certified Las Vegas Divorce Attorneys
Alimony generally begins after a divorce has been completed. Alimony is a form of financial support provided to one former spouse by the other former spouse. A request of alimony can be made to the court from either of the divorcing spouses. The judge will not include any gender factors when deciding if alimony is suitable. Temporary alimony payments may be awarded during the divorce proceedings. Learn more about Temporary Orders
Alimony awards may be granted, but are not required, in divorce cases. There are no specific statutes in Nevada law that define exact alimony amounts or if alimony is even suitable in a specific divorce case.
Rather, alimony awards are based on the fuzzy notion of what is "just and equitable". This imprecise definition leaves a great deal of flexibility when it comes to determining alimony amounts and payment terms.
Alimony awards can also be affected by the existence of a valid prenuptial agreement that explicitly addresses alimony payments. The validity of the prenuptial agreement is critical. Prenuptial agreements must meet certain criteria to be deemed valid. Learn more about Prenuptial Agreements
Alimony awards are typically paid on a regular basis for a specified length of time. In some cases, alimony awards are paid all at once in a lump sum payment. In rare cases, life-long alimony payments may be awarded. These cases are typically based on "long-term" marriages. Nevada law does not specify the number of marital years required for a marriage to be deemed "long-term".
Alimony can be awarded as either non-modifiable or modifiable. When an alimony award is modifiable, a "change in circumstances" can cause the amounts or terms to be modified. A variety of conditions can trigger a change in circumstance. The most common examples are: The former spouse receiving the payments remarries or the former spouse making the payments becomes unemployed or disabled.
The former spouse receiving the alimony payments usually reports the payments as taxable income. The former spouse making the payments may report the payments as tax deductible.
The Tonopah Formula
Nevada law does not include any specific alimony statutes. The "Tonopah Formula" is a formula used by some family court judges as a basis when considering alimony issues. The Tonopah Formula considers a number of factors including, but not limited to:
- The length of the marriage.
- The spouses' careers prior to marriage.
- Child support payment amounts, if any.
- The relative financial condition of each party after their divorce matter is concluded.
- The relative ages, health, formal education, and earning incomes of the parties.
The amount and payment terms of alimony awards are determined by:
- Successful negotiations between your Las Vegas divorce attorney and the divorce attorney of your spouse or;
- When negotiations are not successful, the family court judge assigned to your case will consider the evidence and hear testimony related to your case. The judge will then determine the suitability of alimony in your case and will also determine the amount and payment terms of the alimony award.
The alimony award related issues for each divorce case are distinct. There is no single equation that can be used to calculate alimony awards for all divorces. Las Vegas divorce attorneys, Jennifer V. Abrams
, Vincent Mayo
and Brandon Leavitt
, have extensive experience with each of the Clark County Family Court judges and know what alimony awards are warranted based on the specific conditions of your case.
"Ms. Abrams and her staff were outstanding. She was exceptional in her handling of my case and kept me well informed of everything that I needed to know throughout the process, I highly recommend Ms. Abrams for Family Court issues such as Divorce and Custody, etc. She is a lawyer that you can TRUST! Extremely ethical and humane."
- Alynn D.