If your marriage has fallen apart due to infidelity, this will not affect any alimony payments. Here is how alimony in Nevada works, explained by our experienced divorce lawyers at Naimi Family Law Group.
What Is Alimony?
In a divorce, the court may order the spouse who is better off financially to make periodic payments to their ex-wife or ex-husband. The legal terms for these payments are alimony, maintenance, or spousal support.
The goal of alimony is not to punish the paying spouse but to provide for the other spouse, at least until they become financially independent. Often, one spouse exits the workforce to care for the home and children. They may need further education or training to re-enter the job market.
How Does Alimony in Nevada Work?
Nevada courts routinely award alimony. Judges have considerable leeway in deciding whether to do so and setting the payment amount and duration.
Nevada law only requires that the alimony decision is fair and that the judge consider the marriage length, the couple’s living standard during the marriage, and each spouse’s:
- Physical and mental health
- Ability to work
- Financial condition (income, earning capacity, and property)
- Contributions to jointly owned property
- Contributions as homemaker
- Education, job skills, and other marketable skills
With respect to the spouse who would receive alimony, the court must also take into account:
- Their career before the marriage
- How much property they stand to get in the divorce
- Whether they supported the other spouse financially to obtain job skills or education during the marriage
The court may also consider other relevant factors. At Naimi Family Law Group, we can help you understand what details may go into your alimony decision.
Types of Alimony in Nevada
Courts usually award rehabilitative alimony until the supported spouse becomes self-sufficient or moves in with a new partner who supports them. However, permanent alimony is possible, especially after a lengthy marriage or if the supported spouse cannot work.
A judge may also grant temporary alimony until the end of the divorce proceedings.
Does Adultery Affect Alimony in Nevada?
No, cheating does not affect alimony in Nevada.
In some states, cheating spouses may lose the right to alimony, but Nevada is a no-fault divorce state. The courts do not consider misconduct when granting divorce or alimony. A cheating spouse still has a right to alimony if they need support and their spouse can make the payments.
Does Cheating Affect Divorce in Nevada at All?
While infidelity doesn’t affect alimony, it does affect marital property distribution. This will be the case if the cheater uses marital assets to fund the adultery, such as paying for hotel rooms or gifts.
In rare cases, cheating can affect custody or child support when the parent endangers the child’s health or safety, such as leaving them unattended to pursue an extra-marital affair.
Talk to an Experienced Nevada Divorce Attorney
Going through a divorce is difficult, but you don’t have to do it alone. At Naimi Family Law Group, we have helped hundreds of Las Vegas and Nevada residents with their divorce proceedings. Call (702) 901-4800 to learn more about alimony in Nevada and explore your legal options.