What are the factors for alimony?

Published On: 3 January, 2025

The court will determine the amount and duration of alimony payments based on what it determines to be just and equitable. Several factors will be considering in making this determination. These factors include: the duration of the marriage, the standard of living enjoyed by the couple during the marriage, the financial condiiton of each spouse, the income, earning capacity, age, and health of each spouse, the existence of specalized education or training attained by each spouse during the marriage, and the value and amoutn of property each spouse is recieving. You can use our spousal support calculator to determine an estimate of how much spousal support could be.


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Does my spouse get half my business in a divorce?
If you started the business during the marriage - yes. A business started during the marriage will be treated as a community property asset and each spouse will be entitled to 50% of the value of that business. However, if you brought the business into the marriage - it may be treated as seperate property. In that case, your spouse will only be entitled to 50% of the money earned by that business during the marriage. Often couples reach an agreement where one spouse keeps the business and the value owed to the other spouse is offset by division of other assets.
How do I keep my pension in a divorce?
Typically, you will owe your spouse the value of 50% of your pension that was earned during the marriage. If you wish to retain the entirety of your pension - you will need to reach an agreement where this owed value is offset by other assets. For example, if your spouse would be entitled to $100,000 of your pension and you jointly own a home valued at $200,000 - you can choose to allow your spouse to retain the entirety of the value of this home, in exchange for keeping your entire pension.
How do I keep my house in a divorce?
If only one party wants to keep possession of a joint residence - this can easily be ordered by a judge. If the home you wish to retain possession of is community property - you will be responsible for compensating the other spouse for 50% of the value of that residence. This can be offset by that spouse recieving a greater portion of liquid assets or a larger portion of community property retirement funds. If both parties are fighting to keep possession of a home - this will be more difficult. The issue will need to be decided by a judge. If children are involved, the court will consider which parent remaining in the home would be in the best interests of the children.
Can I file a custody case if she is pregnant?
No, in Nevada you cannot file a custody case until the child is born. However, if you expect a battle to ensue - you can set yourself up for the easiest path forward by filing a 'Paternity Action' to establish that you are the father of the child. You may also request a DNA test to be done if there is doubt that the child is yours. Having an established paternity claim will make your custody battle simpler, once the child is born.
Do I Need a Legal Separation to Move Out of the House?
Divorce attorney Rock Rocheleau discusses if you need a legal separation to move out of the house. You can move out of our house without a legal separation. You are not abandoning your spouse or community property if you move out. You do not need any legal document to move out of your house.
party legal separation
Either party can leave the home at any time, however you would have the obligation to maintain community property. Divorce attorney Meredith Weiner explains in this video that as long as the spouse can afford a second residence and still afford to maintain the marital residence they can move wherever they would like. Does a party need a legal separation to leave the home? The short answer is no. Either spouse can leave the home at any time they wish and maintain a separate residence if they want. There is no abandonment of community assets by leaving, nor does it affect any claims for child support or spousal support. However, if you leave the house, you are still obligated to maintain ...
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Divorce attorney Rock Rocheleau summarizes what a default divorce means. A default divorce is when you have filed your divorce papers and served them to your spouse. Your spouse has 21 days to respond. If the 21 days pass with no response, the judge will award you a default divorce.
Can I File an Annulment in Nevada?
You can file an annulment in Nevada if you got married in Nevada or if you live in Nevada. Divorce attorney Rock Rocheleau explains in this video that there are certain rules for an annulment and you have to prove that there are grounds for the annulment. File an annulment in Nevada You can file an annulment in Nevada if you got married in Nevada and you live in Nevada, or you live in Nevada. But an annulment is different from a divorce. Anybody can ask for a divorce, and then the court's going to separate their assets and debts. They don't really have to explain why they want a divorce. They can just say, "We're not in love" or irreconcilable differences. An annulment, you actually ...
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How is Alimony or Spousal Support Calculated?
Overview provided by divorce attorney Meredith Weiner on how alimony is calculated. Typically courts will consider whether the person who is paying can afford to pay and whether the recipient has a need for the money. Factors include length of marriage, income, work history and more. You can use our Nevada alimony calculator to determine an estimate of how much spousal support could be.
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