Las Vegas alimony attorneys Jennifer V. Abrams and Vincent Mayo have argued extensively both for and against spousal support and alimony awards. They have the experience to determine the financial support awards that may be available in your case. More importantly, they fight vigorously to get what’s right for you. Our divorce attorneys are certified by the State Bar of Nevada as divorce law experts.
Alimony and temporary spousal support are two different forms of financial assistance from one spouse to another. Typically, temporary spousal support occurs during the divorce proceedings. This form of support allows the payment of normal lifestyle bills as the divorce case progresses. Alimony is also a form of financial assistance. However, it occurs once the divorce case concludes. Alimony can be for a fixed time period, or in rare cases, lump sum or lifetime payments. Barring an agreement between the divorcing spouses, family court judges will hear requests for financial support from either spouse.
Recent Alimony Tax Law Changes
There are recent federal tax rule changes for alimony. In general, any legal separation agreement or decree of divorce executed on or after January 1, 2019, falls under the new federal income tax laws. This includes executed modifications to an existing document originally in force before that date. The new income tax laws provide that alimony amounts are no longer tax deductible to the paying spouse. The receiving spouse also no longer has to declare the payments as income. Any legal separation agreement or decree of divorce executed on or before December 31, 2018 is not affected by the new tax laws. Regardless, you should consult with an experienced divorce attorney to get direct legal advice on your specific case facts.
Just and Equitable
Nevada courts use the idea of what is just and equitable as the standard for both forms of financial assistance. Just and equitable is a large legal gray area. Barring successful negotiations between the divorcing spouses, the judge in your case has a wide variety of options available to them. More importantly, each judge has their own opinions on financial support issues. Some judges historically favor one spouse gender over the other. This is where an attorney’s experience with all the family court judges is critical to getting you the best results possible.
Rehabilitative alimony is a limited amount of payments from one ex-spouse to another in order for the receiving spouse to acquire some form of education or vocational training. The aim is for the receiving party to advance their career skills and be more financially sound. Rehabilitative alimony claims have the most credibility when one spouse has supported the career of the other during marriage. For example, if your spouse is a doctor and you supported their medical schooling, the courts can recognize your contribution and are more apt to award rehabilitative alimony.
Lifetime alimony is an uncommon award in Las Vegas divorce cases. In order to make a reasonable claim for lifetime alimony, you should have a long-term marriage. As with the many other legal gray areas involving alimony, Nevada law does not define an exact number of years that qualifies as long-term. Then your spouse must have been the primary income earner during your marriage. Their income must also have been, and continues to be, substantial. Your spouse’s income must also reasonably continue for the foreseeable future. Lastly, you typically didn’t have meaningful employment during the marriage and/or you have medical reasons that prevent you from ever gaining employment. Even with all these factors, there is still no guarantee that you will receive a lifetime alimony award. So it’s critical that you have one of the best attorneys with the skills and knowledge to fight for what is just and equitable in your case.
The Tonopah Formula
This is an informal set of standards that some, but not all, family court judges use when considering alimony awards. In general, the factors are the length of the marriage, the financial positions of each spouse after divorce, child support payments, and the age, income, and education of both spouses. The formula also takes into account the general health and careers of both parties.
Expert Las Vegas Alimony Attorneys for You
We provide phone consultations on alimony and all divorce issues as a courtesy at no charge. Call us today at 702-222-4021. One of our board certified Las Vegas divorce attorneys will be glad to speak with you. Their decades of experience in the complicated legal gray areas of alimony can be to your benefit.