How Does Infidelity Affect Spousal Support

There are a lot of misunderstandings when it comes to alimony in Nevada. Many people assume that if your spouse has been unfaithful, that entitles you to alimony automatically, or you can get more alimony if you can prove your spouse was cheating on you.

While alimony determinations are based on a variety of other factors, cheating doesn’t come into the equation. However, cheating can affect other aspects of a divorce, including the division of property. So evidence of cheating can make a difference in the outcome.

The Purpose of Alimony

While individuals paying alimony often feel like it is a punishment, it is not intended to be that way under the law. The goal of alimony is to provide for spouses who are not prepared to support themselves.

In many cases, alimony is ordered for a spouse who focused on home life while the other spouse focused on a career and is making more money. One spouse often needs additional training, education, or experience to build up their earning potential. Usually, alimony is awarded on a temporary basis to give this spouse time to improve their position. In rare cases, a court may award alimony to continue indefinitely for a spouse who is unable to work.

Factors That Affect Alimony Determinations

Section 125.150 of the Nevada Revised Statutes lists numerous different factors courts should consider when deciding whether to award alimony and how much to award for how long. These include:

  • The financial condition and respective property of each spouse
  • The duration of the marriage
  • The income, earning capacity, age, and health of each spouse
  • The standard of living during the marriage
  • The career before the marriage of the spouse who would receive the alimony
  • The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage
  • The contribution of either spouse as a homemaker
  • The award of property granted by the court in the divorce
  • The physical and mental condition of each party as it affects their financial condition, health, and ability to work
  • Whether a spouse needs alimony for training or education
  • Whether the paying spouse has obtained additional education or job skills during the marriage while supported by the other spouse

In addition, the courts can consider other factors deemed to be relevant, but infidelity is not one of those factors. You need to ensure that when your attorney is making arguments to support your objectives for alimony, the court hears the relevant factors that weigh in your favor.

Cheating Can Affect Other Aspects of Divorce

When cheating has negative effects on a couple’s finances or puts children in danger, then it can affect property division and child custody, even though it does not have an impact on alimony.

For instance, if a spouse spent money on hotel rooms or gifts during an affair, this would be considered a waste of marital property, and the other spouse could receive extra property to make up for the loss. Or if a cheating spouse has left children unattended or put them at risk of harm in other ways, that could make it more difficult for that spouse to obtain custody, and even visitation may need to be supervised.

Work with Divorce Attorneys Who Will Ensure the Court Hears the Evidence That Supports Your Future

For alimony, property division, custody, and other issues that need to be decided in a divorce, it is essential that your attorney knows how to present evidence that matters and not waste time and money arguing issues that are irrelevant.

At Naimi Family Law Group, our years of experience enable us to get to the heart of the matter with efficiency. We know where to dig for the details that matter so we can present your best case and negotiate for the arrangements that are right for your future. To talk to us about alimony or other issues, just schedule a consultation.


Schedule a consultation online or contact us using the information below.

We are located at 10000 W. Charleston Blvd. Suite 160, Las Vegas, NV 89135