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ALIMONY/MAINTENANCE/SPOUSAL SUPPORT:
The court may award alimony to either spouse, in a specified principal sum or as specified periodic payments, as appears just and equitable. The court may also set apart such portion of the husband’Äôs separate property for the wife’Äôs support, the wife’Äôs separate property for the husband’Äôs support or the separate property of either spouse for the support of their children as is deemed just and equitable. The court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider: (a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and (b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.
A change of 20 percent or more in the gross monthly income of a spouse who is ordered to pay alimony shall be deemed to constitute changed circumstances requiring a review for modification of the payments of alimony. In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court. [Based on Nevada Revised Statutes 125.150]
The "California Formula"
The court may award alimony to either spouse, in a specified principal sum or as specified periodic payments, as appears just and equitable. The court may also set apart such portion of the husband’Äôs separate property for the wife’Äôs support, the wife’Äôs separate property for the husband’Äôs support or the separate property of either spouse for the support of their children as is deemed just and equitable. The court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider: (a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and (b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.
Certainly not set in stone and subject to deviation, some Nevada courts have used as a "guideline" the following formula.
Payor Net Income - Child Support x 40% = XXXXX
Minus Payee Net Income x 50% = XXXX
(Starting amount before deviations) = XXXX
The Net Income is derived by taking the payor's gross monthly income and deducting income tax and Social Security payments. Child support is appropriately deducted from the payor's spendable income and not added to the payee's income. The presumption is that child support is used in total for the benefit of the children.
After arriving at the Net Income of the payor, less child support obligation, that amount is multiplied by 40%. The payee's Net Income times 50% is then subtracted from that figure which results in the beginning guidelines figure.
From that figure, other considerations are then made. Is the payor making additional payments for the children's benefit such as private school tuition? Is the payor responsible for all or most of the community debts, thus relieving the payee? Has the payor accepted the responsibility of certain debts directly benefiting the payee which might further the payee's education or job training or leisure activities or trips with the children? Is the payor or the payee earning up to his or her potential? Etc., etc., etc. The list could go on ad infinitum. Suffice it to say that the initial formula figure is a beginning point from which deviations can be made to arrive at a fair alimony award.
The "California Formula" also provides guidelines for the duration of alimony. It considers that "...unless otherwise agreed, future reduction or termination in an initial order must be accompanied by provisions for modification of support to a period not less than:
>> (1) Half the length of the months married for marriages of less than 10 years.
>> (2) For marriages of 10 to 20 years duration, not less than the number of months in the following formula: minimum period = (months married/240) x (months married)
>> (3) All support orders shall terminate after the number of months equal to the length of the marriage unless otherwise agreed."33
For example, if the marriage lasted 15 years the duration formula would be: 15 yrs. x 12 months = 180 months. 180 months would be divided by 240 months resulting in a percentage, i.e., 75%. 75% is multiplied by the total months married (i.e., 180), resulting in a duration of 135 months or 11.25 years.
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