Do I Automatically Get Alimony If I Was Married for 10 Years or Longer?
There is a lot of misconceptions in Nevada that we need to have a divorce that is longer, 10 years, or longer before we can even entertain asking for alimony payments. A
The answer to this question is NO, you do not need to be married 10 years to get alimony in Nevada.
I have seen alimony awarded for just a one-year marriage, and I have seen alimony not awarded for a marriage that was 15 years, so it just depends. Nevada does not have a set formula to calculate spousal support. So therefore we have to allow the judges to look at every case, on a case-by-case basis.
The judge looks at a multitude of factors, 11 of them to be precise, and only one of them is the length of the marriage to decide if alimony will be awarded.
What do you have to do, if you are asking for alimony and wanting alimony in your divorce case?
- Make sure that you request the alimony in your complaint for divorce if you are the one starting the divorce. And if you are the one being served with divorce papers make sure that you also include a request for alimony in your answer and counterclaim for divorce, that way you are not giving up that right later on in your case.
- Make sure that you have a lot of proof when you go to court to make sure that you are meeting the necessity. Alimony is based on the fact that a person can pay and the need of the person who is looking to receive the alimony. So if you are asking for alimony, make sure that you support your complaint and your argument for alimony, with proof of necessity. And if you are the one that is asking to have to pay alimony, make sure that you show the judge that you are strapped monthly, that you have obligations, and that you are living paycheck to paycheck and not able to afford alimony payments.
If you have questions about this topic or any other family law topic, please go to vegasdivorcemeeting.com, I’ll be more than happy to sit down with you to discuss your situation.
Nothing is more important than your family. LJ Law is a Family Law Firm in Las Vegas, Nevada. We offer help in cases such as Divorce, Child Custody and Visitation, Child Support, Pre and Post-Nuptial Agreements, Annulments, Alimony, Adoption, Guardianship, Paternity and much more.
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