Las Vegas Alimony Attorneys
Alimony is a payment, or set of payments, made to one spouse by the other for support after divorce. Gender is not considered by the court when evaluating a request for alimony. Clark County Family Court judges will hear a request for alimony from either a husband or a wife.
Alimony awards are suitable for many cases, but they are not a requirement for every divorce case. Nevada state law does not provide specific requirements that need to be met in order for alimony to be awarded. Additionally, the law does not specify exact amounts that should be provided as alimony payments. Instead, the court uses the concept of what is "just and equitable" as their guideline. Just and equitable is broad enough to provide the Clark County Family Court judge with a great deal of latitude when ruling on the applicability of alimony, the alimony amounts, and the payment terms.
Because each divorce case is unique, there is no single method that can be used to determine the alimony amount that will be awarded in your case. Las Vegas alimony attorneys, Jennifer V. Abrams
and Vincent Mayo
have argued extensively both for and against alimony awards before the Clark County Family Court judges. They have the experience needed to consider the unique details of your divorce and determine the alimony awards that may be justified for your case.
Enforceable prenuptial agreements that specifically address alimony payments may also impact the amount of alimony that is awarded. The key word here is "enforceable." The prenuptial agreement must have been properly drafted and implemented in order to be ruled enforceable by the courts. Learn more about Prenuptial Agreements
In some cases, the court will issue a temporary order of support while the divorce case is proceeding. This order can be in effect for the entirety of your divorce case. Learn more about temporary orders
Alimony Payment Terms, Amounts, and Conditions
Alimony payments are most commonly provided as fixed payments over a well-defined period of time. On occasion, an alimony award may be provided in one lump sum payment. In unusual cases, alimony payments may be awarded on a life-long basis. These cases are almost always the result of a divorce between spouses that experienced a "long-term" marriage. What qualifies a marriage as "long-term" is not specifically defined by Nevada state law.
Alimony awards ordered by the court can be issued as modifiable or non-modifiable. Modifiable alimony awards can have their amounts or payment terms changed due to one spouse's "change in circumstances." For the spouse making the alimony payments there are many life events that qualify as a "change in circumstances", including loss of employment or disability. A change in circumstances is also triggered when the spouse receiving the alimony payments remarries.
In most cases, alimony payments are treated as taxable income for the spouse receiving the payments. Alimony payments can be reported as a tax deduction for the spouse making the payments. You should consult with Las Vegas alimony attorneys to get advice on your specific circumstances.
A Guideline for Family Court Judges
There are no specific statues for alimony in Nevada state law. Some Clark County Family Court judges use a formula known as the "Tonopah Formula" as a guideline when ruling on alimony requests. The Tonopah Formula includes a variety of considerations when evaluating alimony awards. Some of these considerations are:
- The careers of each spouse before and during the marriage.
- The duration of the marriage.
- Other payments being made, including child support.
- The comparative financial state of each spouse after the divorce.
- The relative earning incomes, education, health and age of each spouse.
Payment terms and the amount of alimony awarded are established by:
- A negotiated alimony agreement drafted by the attorneys of both you and your spouse or;
- When an agreement on alimony cannot be reached, the matter will be considered by the Clark County Family Court judge assigned to your case. After evaluating the evidence and hearing testimony related to your case, the judge will make a ruling on the suitability of alimony, the amounts, and the payment terms, if appropriate.
Call us today at 702-222-4021 to get expert advice from one of our Las Vegas alimony attorneys.
"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.