Do I Automatically Get Alimony If I Was Married for 10 Years or Longer?
There are a lot of misconceptions in Nevada that before a judge will even entertain a request for alimony payments, you need to have had a marriage lasting at least 10 years or longer. The facts on this issue are that no, you do not need to be married for any specific length of time in order to warrant alimony. I have seen alimony awarded for just a one-year marriage, and I have seen alimony not awarded for a marriage that lasted 15 years, it depends entirely on the many factors involved in the marriage.
Nevada does not have a set formula to calculate spousal support. We allow judges to look at every individual case on a case-by-case basis. In doing so, the judge looks at a multitude of factors, 11 of them to be precise, in order to decide if alimony will be awarded. While one of those contributing factors is the length of the marriage, that factor alone will not make or break your case for or against alimony. Read more in our blog “What Factors Does the Court Consider When Ordering Alimony/Spousal Support?”
Because Nevada does not have a set formula for alimony, it can sometimes be a difficult process. Below are a few tips to ensure the best chance for receiving alimony:
- Make sure that you request alimony right away
If you are the one starting the divorce, ask for alimony up front in your complaint for divorce. If you are the one being served with divorce papers, make sure that you include a request for alimony in your answer and counterclaim for divorce. In some cases, if you fail to ask for alimony in the beginning, you may not be given the opportunity to ask for it later.
- Prepare proof to make your case
Alimony is awarded based on the need of the person who is looking to receive the alimony, as well as the other party’s ability to pay. When you go to court, make sure that you have sufficient proof to show whether or not you and the other party have the ability to pay and the need to receive alimony. For example, if you are asking for alimony, make sure that you support your complaint and your argument for alimony, with proof of necessity, as well as proof that the other party has the ability to pay. If you are the one that may be ordered to pay alimony, make sure that you demonstrate to the judge how you are financially constrained. List your financial obligations and how that leaves you unable to afford alimony payments.
Again, despite common misconceptions, remember that alimony is not awarded based solely on length of a marriage. It is decided by the judges on a case-by-case basis with many factors in mind. If you are considering divorce and curious about how alimony may play into your specific situation, do not hesitate to contact our office for more information. To schedule a consultation, contact our office at (702) 998-1188, firstname.lastname@example.org, or by scheduling a consultation online.
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