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The court decides the duration of alimony. A party who seeks termination or modification may petition the court if circumstances have changed so that the change is in the interests of justice. Either party may request modification or termination at any time based on a provable change of circumstances, which is a change affecting the paying party’s ability to pay or the recipient’s need. A party must experience at least a 20 percent reduction in gross monthly income to receive consideration for modification.
In deciding on the amount and duration of alimony, the court considers may factors, including, but not limited to, the amount of marital property the recipient received in the divorce (excluding child support), duration of the marriage, and the financial circumstances of both spouses. The court may also consider first, whether the spouse who would pay alimony has obtained greater job skills or education during the marriage, and second, whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.
In Nevada alimony influences the distribution of property, and it can become intricately involved in a divorce settlement. When spouses are unable to reach an agreement on this issue, the District Court can order support on a case-by-case basis.
Types of Alimony
In Nevada, the courts grant general support and/or payments made specifically to help the receiving spouse obtain education and/or training to improve employment prospects. The court may award both types at the same time.
The courts may order temporary, short- and long-term alimony. Temporary alimony is granted at the discretion of the court during the divorce proceedings and before the final decree. Short-term alimony may be granted to allow the receiving party time to gain necessary skills. Long-term, or permanent, alimony may be granted to a spouse who has significant needs, and is usually reserved for lengthy marriages.
Factors Considered by the Court
In Nevada alimony is discretionary. According to Nevada Statutes - Chapter 125 - Sections: 150, the court considers:
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