There are four basic kinds of alimony or spousal support that might be awarded in a divorce case. First, there is "temporary spousal support," permitted under NRS 125.040, which refers to sums awarded from one spouse to another during a divorce action as "temporary maintenance."
The other three types of alimony concern post-divorce payments from one spouse to the other, payable either in lump sum or periodic installments. "Permanent" alimony is alimony for which there is no termination date or event specified (other than the death of a party or, usually, re-marriage of the recipient).
"Temporary" alimony is similar, but has a specific termination date set out in the future, or a terminating event with an uncertain date.
"Rehabilitative" alimony is specifically contemplated by NRS 125.150(8), and is support for the purpose of allowing the receiving spouse to obtain training or education relating to a job, career or profession. In deciding whether to grant rehabilitative alimony, a court must explicitly consider whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage, and whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.
Other than for rehabilitative alimony, there is virtually no legislative guidance as to when alimony is appropriate, or how much should be paid. The general statute, NRS 125.150(1), says only that such an award should be "just and equitable."
The Nevada Supreme Court has issued many opinions over the years attempting to give some guidance, and in some older cases, which it recently re-affirmed, established a "non-exclusive" list of factors to be considered: (1) the financial condition of the parties; (2) the nature and value of the parties' respective property; (3) the contribution of each to any property held by them as tenants by the entirety; (4) the duration of the marriage; (5) the husband's income, earning capacity, age, health, and ability to labor; and (6) the wife's age, health, station and ability to earn a living. The Court has also noted the "archaic tenor" of those factors, however, and noted that there could be other such factors, such as "the existence of specialized education or training or level of marketable skills attained by each spouse," and "repetitive acts of physical or mental abuse" by one spouse "causing a condition in the injured spouse which generates expense or affects that person's ability to work."
The Court was quite clear in noting, however, that simple "fault" or "bad acts" not directly fitting the above description of economic harm do not qualify and are explicitly not to be considered in the granting or not granting of alimony. Also, there is no longer any difference between genders - either husbands or wives may receive, or be ordered to pay, alimony.
This office has put together an Alimony Factor Table showing all of the important alimony cases decided in the past 20 years, and the facts, legal tests, and results in those cases, to show what the Court has actually ordered in various scenarios. Additionally, the State Bar Family Law Section attempted to create a mathematical abstract of those cases, assigning mathematical weights to the actual factors used by the Court. Called the "Tonopah Formula" Gross or Net, it allows a totally objective review of the numbers involved in a given case, which might give a starting point to a party, attorney, or judge, in figuring whether a case is facially an "alimony case," and what kinds of sums might be considered reasonable in view of precedent.
There is extensive case law regarding the award, modification, and termination of alimony awards, and it is among the most subjective of questions presented to a court in a given case. It is still possible to make a reasonable projection of whether and how much alimony might be reasonable in any given case, but such a projection requires the client to provide complete and accurate information to experienced and knowledgeable counsel.
WILLICK LAW GROUP has negotiated and litigated many alimony cases, on behalf of both payors and recipients, and knows the subject area well. We strive in every alimony-related case to achieve a result that is consistent with both our client's desires and justice.
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Las Vegas, Nevada 2007:
19th Annual Symposium of the Family Law Council of Community Property States (May 3 through May 5, 2007, Las Vegas, Nevada). Inter-relation of alimony awards with community property.
Alimony Arrears Worksheet
Alimony at Twilight: Spousal Support When a Party is at or Near Retirement Age
History and Background of the Tonopah Formula
How to Argue for Increasing or Decreasing or Length of Alimony Produced By the "Tonopah Formula"
In Search of A Coherent Theoretical Model for Alimony (Nevada Lawyer, April, 2007)
Financial Disclosure Form
Financial Disclosure Form - exhibit A
Financial Disclosure Form - exhibit B
Alimony Factors Apparently Relied Upon In Nevada Supreme Court
Form DD 2653 Involuntary Allotment Application for DFAS
Roll Call (Newsletter of the Military Committee, ABA FAmily Law Section: Summer 2008)
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