Many family law issues are contentious during a divorce, but one that can seem especially frustrating for many is the matter of alimony. While child support is meant to financially support a child’s needs, alimony is purely meant to help support a former spouse’s lifestyle. This can be vexing for many alimony paying parties.
What many fail to realize is that one spouse may have given up their job and lost economic opportunities after getting married and therefore is not able to financially support themselves after a divorce. Alimony is a cushion they can lean on while they get back on their feet. It does not have to continue forever and even the amount ordered right after the divorce is finalized can be modified later.
Alimony awarding factors
When granting alimony in the first instance, Nevada courts consider a number of factors, including but not limited to;
- The financial condition of each spouse;
- The marriage’s duration;
- The standard of living during the marriage;
- The career of the spouse before getting married and existence of specialized education; and
- The income earning capacity, age and health of each spouse.
Courts also look at whether alimony can help the receiving spouse get training or education related to a job.
When can alimony be modified?
It is possible to ask for a modification in alimony by demonstrating a change in one’s circumstances. If the paying spouse’s income has changed by 20% or more, it can trigger a review to modify alimony. However, if the payment has already accrued, then courts do not modify alimony.
In these uncertain economic times, many people’s financial circumstances may have changed. Rather than avoid making payments that one legally has to, it might be beneficial to consult an experienced attorney to discuss one’s options are for modifying alimony.