I will often hear a client express shock that they will either have to pay, or will receive, alimony. They generally attribute this belief because that’s what they “heard” or “read.” This is completely untrue. Alimony is common in Nevada depending on the specific facts of a case, generally the length of marriage and the income disparity between spouses.
Unlike child support, where there is a formula and property division which is generally 50/50, there is no legal alimony formula. Judges are supposed to award alimony on a case by case basis and not use any type of formula. Some judges, however, do use a formula, if for no other purpose, to arrive at a start point in making his or her alimony award.
Alimony in Nevada is unpredictable. If you speak with ten different lawyers you will likely get ten different opinions on what alimony will be or should be and it is the same with judges. Every judge views alimony differently and each judge’s award can be drastically different. In fact, the same judge, with similar facts, on a different day, could award different alimony.
Unless otherwise agreed to by the parties, alimony terminates upon the death of either party and the remarriage of the receiving party. Alimony is also subject to modification if either party’s income changes by 20% or more. A 20% does not necessarily mean that the court will modify an alimony obligation, only that it has authority to do so.
Generally, when an alimony award is properly drafted, the payments are taxable to the receiving spouse and deductible by the paying spouse. An alimony award that is not properly drafted may not be deductible by the IRS. Further, in certain cases and attorney’s fees spent on collecting or receiving alimony may be deductible as well. It is important that one consult with the Certified Public Accountant or other tax advisor regarding the deductibility of any payment or expense.
The law is clear in Nevada that alimony is completely separate from character. Many divorcing parties believe that they should not have to pay alimony because their spouse had an affair or committed some other bad act.
The law is supposed to be gender neutral, but when it comes to alimony, it isn’t always. Some judges simply do not believe a man has the same need or right to alimony as a woman. Moreover, some men who may be entitled to alimony may be too embarrassed to ask for it. The fact remains, however, that a man should receive alimony under the same circumstances as a woman.
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