Alimony & Temporary Spousal Support

Alimony or spousal support is a lump sum payment or continuing payment for the support or maintenance of a spouse. The purpose of spousal support is for the spouse who makes less income to receive economic support from the spouse who makes more income.

Nevada Statute 125.200 is the law that provides for alimony of spousal support in Las Vegas divorce matters;

When a person has any cause of action for divorce or when a person has been deserted and the desertion has continued for 90 days, the person may, without applying for a divorce, maintain in the district court an action against his or her spouse for permanent support and maintenance of himself or herself and their children.

The amount of spousal support is subjective and although Nevada lawyers and lawmakers have attempted to produce formulas and calculations there are no black and white figures to calculate. Spousal support awards are dependents of many factors, one of which is hiring a Las Vegas divorce lawyer who understands the different legal arguments for and against awarding spousal support.

Temporary spousal support is slightly different and is stated under Nevada Statute 125.040;

In any suit for divorce the court may, in its discretion, upon application by either party and notice to the other party, require either party to pay moneys necessary to assist the other party in accomplishing one or more of the following:

• (a) To provide temporary maintenance for the other party;
• (b) To provide temporary support for children of the parties; or
• (c) To enable the other party to carry on or defend such suit.

Again, The amount of temporary spousal support is subjective. Family Law courts will consider "ability to pay", "need", and other variables in making decision on temporary spousal support.

The following are significant Nevada Divorce cases along with the courts comments regarding temporary spousal support:

Engebretson v. Engebretson, 75 Nev. 237, 338 P.2d 75 (1959)

Under Nevada Law Chapter 125.040 The wife was awarded temporary support. The husband argued that under NRS 125.040 statute an allowance for temporary alimony was based on the necessity of the wife, and that the evidence showed that the wife did not a need. The Court held that the statute did not limit awards for temporary alimony to those cases where the wife was destitute.

Hybarger v. Hybarger, 103 Nev. 255, 737 P.2d 889 (1987)

The wife argued that the husband should have paid attorney’s fees to offset the monies the husband withdrew from the business for post separation expenses. The Court noted that nothing in the record suggested an absolute entitlement on the part of the wife to any portion of the funds.

Carr-Bricken v. First Interstate Bank, 105 Nev. 402, 915 P.2d 254 (1996)

During the divorce proceedings, the husband died and First Interstate Bank of Nevada was substituted in as the administrator Bricken's estate. The district court denied the wife’s request for temporary support. The Court held that orders for support may be granted in the discretion of the district court.

Call our office if you have questions regarding alimony or temporary spousal support and need to speak with a Las Vegas Divorce Lawyer. (702) 914-0400.