Not all marriages last until death do you part. Hiring the right lawyer is crucial in these proceedings. Important considerations that will change your life arise during a divorce. These include, but are not limited to, custody of minor children, child support, property division, alimony, among others. Jennifer Gastelum Law can help you during these tough times.
In Nevada, the courts apply “community property” distribution to all marital assets during divorce with minor exceptions. This means the court usually equally distributes all property including bank savings, homes, pensions, 401Ks, businesses, business assets, etc.
Alimony on the other hand, can be more complicated to determine as Nevada law grants great discretion to the court. Alimony is described as one spouse’s payment of annual or monthly financial support/maintenance to the other for a definite or indefinite period of time; this is separate from child support. Nevada law (NRS125.150 (9)) outlines the following factors for a court and judge to consider when ordering alimony. These include, but are not limited to, the below.
- The financial condition of each spouse;
- The nature and value of the respective property of each spouse;
- The contribution of each spouse to any property held by the spouses pursuant to NRS 123.030;
- 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 homemaker;
- The award of property granted by the court in the divorce, other than child support and alimony, to the spouse who would receive the alimony; and
- The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse.
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