Divorce and Property Issues
Can I file for divorce in Nevada?
If I have lived here for two months and I have children with my spouse, can I still file for divorce in Nevada?
What are some of the things I should think about before filing for divorce?
What is community property?
What is NOT community property?
Are spousal support and alimony the same thing?
Can I get spousal support?
What are the types of spousal support?
What are the differences between the types of spousal support?
Does my spousal support automatically end if I get remarried?
Once an order of spousal support is entered, can I modify it?
Do I have to pay taxes on the monthly spousal support payments I receive?
Can I file for divorce in Nevada?
Anyone who has resided in Nevada for the six weeks prior to filing the complaint for divorce.
If I have lived here for two months and I have children with my spouse, can I still file for divorce?
If you are seeking a custody order along with the divorce, the Nevada court will be unable to issue any orders regarding custoday of the children. Children need to reside in Nevada for at least six months to establish Nevada as the “home state”. The Courts do not have jurisdiction to make custody determinations in the divorce action until the children have lived here for six months. For more information, please visit the Child Custody page.
What are some of the things I should think about before filing for divorce?
Assess community property and community debt. How is any real property titled? Are the titles to the property accurate?
Is there a disparity between you and your spouse’s income? Should the person making more money pay the lower income spousal support?
If there are children, ask yourself what is the current time share arrangement with my spouse? How will that change when we are in separate households? How will the Court view my lifestyle and what is best for the children?
If there is a business, who owns it? Is it a joint venture or is it off of one spouse’s talent, education, knowledge? Did the other spouse help build it?
Can I afford a contested divorce?
What is community property?
All property that is acquired during the course of a marriage is part of the community. This includes real property purchased, such as houses, and personal property, such as salaries of both parties, cars, jewelry, etc.
What is NOT community property?
Any property acquired before the marriage, inheritances, or proceeds from a personal injury case. Be aware, though, that separate property can, in certain circumstances become, in whole or in part, community property. If you are unsure if your separate property can remain separate, please contact an attorney.
Are spousal support and alimony the same thing?
Yes, while the term “alimony” is what is commonly referred to when one former spouse makes a monthly payment to the other, "spousal support" is the legislature’s term in Nevada law.
Can I get spousal support?
It depends on a number of factors and will ultimately be the judge’s decision. The court will consider, most importantly, need and ability to pay. Factors from Nevada Supreme Court cases are: financial conditions of the parties, nature and value of their respective property, contribution of each to any property held by them, duration of marriage, spouses’ income, age, health, station, an ability to earn a living, as well as careers prior to marriage and whether one spouse stayed home with the children.
What are the types of spousal support?
Rehabilitative, permanent, lump sum, and periodic.
What are the differences between the types?
Rehabilitative is for the purpose of allowing the lower income earner to be provided with financial support during a time period of adjustment, such as returning to school and obtaining training. It can also pay such costs as tuition, books, school fees, job assessment testing, job search, career counseling, etc.
Lump sum is usually part of a property settlement, but can be used in any circumstances where it would make more sense to the parties to resolve the matter now rather than to have monthly payments. There are some tax and bankruptcy issues that the parties should consider before deciding on a lump sum payment.
Periodic is for a time certain with an end date. For example, three years of spousal support is common when the marriage was shorter in length (less than twenty years). The purpose of a periodic support order is to help the low income spouse get back on his/her feet before completely forgoing the other spouse’s income and financial support.
Permanent is the most difficult to get because it continues until one of the parties passes away or remarriage, depending upon agreement of the parties. Courts will consider permanent if the marriage has been a long term marriage, usually over twenty years. Reviewing the factors for consideration of spousal support, the court will focus on issues of stay at home parent, education, ability to obtain employment, etc.
Does my spousal support automatically end if I get remarried?
It depends on what the decree states. If left unaddressed, then yes, if you remarry, your spousal support stops.
Once an order of spousal support is entered, can I modify it?
Yes, but several factors will need to be addressed. First, past spousal support cannot be modified under the statute, only prospective support. Either the payor or the payee may seek to modify.
The payor can seek a lower amount or termination of the order if he/she can establish that due to a change in financial situation, the payor cannot afford the current order. Also, cohabitation of the payee is considered “changed circumstances.”
The payee can seek to extend the time of spousal support that is scheduled to end, before it ends. Once the spousal support ends, the court loses jurisdiction to make modifications.
Do I have to pay taxes on the monthly spousal support payments I receive?
Yes, spousal support is taxable income.
NOTE: The information contained on this page is for general background information only. If you have a legal question, it is best to consult with an attorney.
