Alimony can be one of the more widely contested issues relating to a divorce. There are two sides to an alimony request: the person seeking the support and the person who is being asked to pay. Few people want to pay money to the person they are divorcing, which leads to conflict. If you face an alimony request, you need a family lawyer to defend you. Without one, you may find yourself owing far more alimony than you should.
A Prenuptial Agreement Can Foreclose a Request for Alimony
One of the first defenses that can be used against an alimony request is the existence of a prenuptial agreement between the spouses. This is an important consideration, as the existence of a valid prenuptial agreement commonly means that the subject of alimony has been considered and settled via an enforceable contract prior to marriage. Therefore, it is pretty simple to defend against an alimony claim that the couple has explicitly resolved in the past – so long as the prenuptial agreement is valid and enforceable.
The Types of Alimony
When it comes to alimony, Nevada recognizes “rehabilitative” alimony—which is exclusively focused on providing limited financial support for educational or job training to dependent spouses who financially assisted the supporting spouse In their own education.
Equitable alimony awards, the most common form of alimony, can seem like the Wild West, where judges decide alimony awards on a case by case basis. There is no standard calculation or guidelines as to how much, how long, or why a court has to award alimony. Therefore, when defending against an alimony request, you need an intelligent family lawyer who understands the numerous factors a court is allowed to weigh when deciding alimony.
These factors include:
- the financial condition of each spouse;
- the nature and value of the respective property of each spouse;
- the contribution of each spouse to any property held by the spouses;
- the duration of the marriage;
- the income, earning capacity, age and health of each spouse;
- the standard of living during the marriage;
- the career before the marriage of the spouse who would receive the alimony;
- the existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage;
- the contribution of either spouse as homemaker;
- the physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse.
Our attorneys have extensive experience representing clients in the family courts if Reno, Nevada. While we don’t have a crystal ball and there is sometimes no avoiding some alimony judgment, we can use the facts of your case and legal authorities to effectively defend you against a request for alimony.
Contact Viloria, Oliphant, Oster & Aman L.L.P.
Viloria, Oliphant, Oster & Aman, L.L.P. is a full service law firm that provides comprehensive legal services to individuals looking for high quality representation. Our lawyers are intelligent, hard working, and respected. If you are facing an alimony request, you need an attorney to help defend your rights. Contact Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 204-0388 to schedule a consultation or contact our office through our website.