In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as spousal support. Alimony is usually a monthly financial allowance paid by one spouse to another. The purpose of alimony is to offset any unfair economic effects of a divorce by providing a continuing income to a non-wage earning or lower-wage earning spouse. It is not based on any fault asserted by either party to the divorce.

To be eligible for alimony, spouses in all states, including Nevada, must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. In most states, alimony awards lack the enforcement power that child support orders have, which include wage garnishment and property liens. Recipient spouses do have the option of returning to court to force payment through a contempt action.

Under Nevada law, there are three types of alimony: lump-sum, rehabilitative, and permanent alimony. Lump sum alimony is calculated by the court and is usually made in one payment. When awarding rehabilitative alimony, Nevada courts consider a spouse's need for support so as to obtain training or education relating to a job, career, or profession. Permanent alimony may be ordered for an extended length of time or until the payee petitions the court to modify or discontinue the payments. Alimony in Nevada automatically ends upon the remarriage of the recipient spouse or the death of either of the spouses.

The type and amount of alimony awarded depends on a variety of factors.  Nevada law recommends that courts consider the following factors when awarding alimony:

• The relative earnings and earning capacities of the spouses
• The ages and health of the spouses
• The length of the marriage
• Whether a spouse has been out of the work force for a long time
• The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment
• The relative assets and liabilities of the parties
• The relative needs of the parties

In the United States, alimony is treated differently tax wise from child support payments. In Nevada, alimony is deductible for the person who pays it and taxable income for the person who receives it under the rules of the Internal Revenue Service, while child support is not. This can make alimony a tax advantage for the person who pays it and has prompted the federal government to create “hurdle tests” to differentiate between alimony, child support, and property settlement. 

In the past, most alimony awards were made to homemakers who needed the support from their former husbands. However, since current marriages often consist of two wage earners, and more men are assuming child-rearing duties, alimony awards have changed. It is no longer unusual for an ex-wife to be compelled to make alimony payments to her ex-husband. For a full explanation of divorce laws in Nevada, go to lawyers.com.