What is Temporary Spousal Support?
Nevada law provides for several different types of spousal support. Depending on a number of factors, if one spouse in a divorce proceeding has a higher income than the other, a court may award temporary spousal support during the length of the proceedings. This temporary support is designed to help the lower-income spouse pay for living expenses until the divorce is final. Some people confuse temporary spousal support with alimony. Alimony payments, if any, occur after the divorce proceedings have concluded. An award of temporary spousal support means that a spouse needing support doesn’t have to wait until the divorce is final. Temporary spousal support can also cover fees for your divorce attorney. Continue reading to learn about temporary spousal support and the other types of support available to you. You can also call our experienced Las Vegas divorce attorneys for help with spousal support, alimony, and all other divorce matter issues.
How Does Temporary Spousal Support Work?
Temporary spousal support, also called temporary maintenance, refers to spousal support granted during the pendency of the divorce, rather than after the divorce is finalized. Temporary spousal support may be available where one spouse is financially dependent upon the other and is otherwise unable to cover their living, shared child, and divorce attorney’s fees while the divorce is still pending. Knowledgeable divorce attorneys also include case costs in motions for temporary spousal support.
According to Nevada Revised Statutes (NRS) section 125.040, a court may award temporary spousal support during the pendency of a divorce lawsuit in order to:
- Provide for temporary maintenance of the party;
- Provide for temporary maintenance for shared children, or
- Enable the party to carry on or defend the lawsuit (divorce case)
Temporary spousal support may thus be granted to provide for the basic expenses of one of the spouses, to take care of the parties’ children, or to ensure that a party can cover their legal expenses and proceed with the divorce under the guidance of a qualified divorce attorney. The court will consider the financial circumstances of each party and other relevant factors in determining whether to award temporary support.
Other Types of Support Available
Nevada law permits family courts to award three other types of spousal support after the divorce proceeding is concluded. These three types concern alimony awarded upon conclusion of the divorce proceeding including:
- Rehabilitative alimony. Rehabilitative alimony is the most common form of alimony in Las Vegas divorce cases. The court expects that the spouse will be self-sufficient at some point, but will require time, education, and job training to reach financial independence. This type of alimony is intended to support a spouse while they obtain the skills and education necessary to be self-supporting; it is meant to end once it is no longer necessary. The spouse receiving rehabilitative alimony will be required to make good faith efforts toward financial independence.
- Short-term alimony. Short-term alimony is awarded when one spouse is financially dependent upon the other, but should be able to achieve financial independence in a relatively short period of time. A specific end date or event will trigger the end of the alimony payments. For example, a court may decide that a spouse needs 12 months of short-term alimony to become financially independent.
- Permanent alimony. Permanent alimony, also called lifetime alimony, is spousal support with no established termination date or termination event, aside from the death of either party or the remarriage of the recipient. Savvy divorce attorneys often include a life insurance policy provision to ensure alimony payments in the case of the death of an ex-spouse. This form of alimony is far less common than the other two forms. Permanent alimony is typically reserved for long-term marriages where one spouse is not able to become completely financially independent. For example, if the spouse was a homemaker for 30 years supporting the marriage and the family and was never employed outside the home.
Expert Legal Counsel from Our Las Vegas Divorce Attorneys
Talk to our Las Vegas divorce attorneys about your options for temporary spousal support or alimony. Our experienced divorce attorneys are ready to lead you through all aspects of your divorce case. You will benefit from our dedicated legal counsel through every phase of the proceedings. Divorce attorneys Jennifer V. Abrams and Vincent Mayo offer courtesy phone consultations at no charge. Call 702-222-4021 to speak with one of them about your important divorce matter concerns.
Bill and Melinda Gates Divorce
Pensions and Divorce in Las Vegas
Lottery Winnings in a Las Vegas Divorce
Pitfalls to Avoid in Prenuptial Agreements
What is Temporary Spousal Support?
Divorce and Social Security Benefits
Commingling Separate and Community Property
Can Alimony Be Modified?
Paternity Issues in a Las Vegas Divorce