How to End Alimony Payments in Nevada Legally

Understanding Alimony in Nevada Post-Divorce

Alimony, also known as spousal support, is a payment from one ex-spouse to another following a divorce. In Nevada, alimony isn't automatically granted. The court considers several factors when deciding whether to award it, including the length of the marriage, the earning potential of each spouse, and contributions made during the marriage.

⚖️ Nevada Revised Statute (NRS) 125.150 governs alimony in Nevada. It outlines the factors a judge must consider when determining the amount and duration of spousal support. These factors include:

• ➡️ The financial condition of each spouse.
• ➡️ The nature and value of their respective properties.
• ➡️ The contribution of each spouse to any property held by them.
• ➡️ 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 alimony.
• ➡️ The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage.
• ➡️ The contribution of a spouse as homemaker.
• ➡️ The award of property granted by the court in the divorce, other than child support and alimony, to the spouse who would receive alimony.
• ➡️ The physical and mental condition of each spouse.
• ➡️ The ability of the spouse who would pay alimony to pay.

Grounds for Termination of Alimony in Nevada

While alimony orders are legally binding, they aren't always permanent. Several circumstances can lead to the termination of alimony in Nevada. Understanding these grounds is crucial for both payors and recipients.

Remarriage of the Recipient

💍 Generally, the remarriage of the spouse receiving alimony is the most common ground for termination. Nevada law presumes that the need for support ends when the recipient enters into a new marital relationship. However, the payor must formally request the court to terminate the alimony order based on this remarriage.

Practical Advice: As a payor, promptly file a motion to terminate alimony upon learning of your ex-spouse's remarriage. Gather evidence of the remarriage, such as a marriage certificate or public records. As a recipient, be aware that remarriage will likely lead to the termination of alimony.

Death of Either Spouse

💀 Alimony obligations typically cease upon the death of either the payor or the recipient. The deceased payor's estate is generally not responsible for continuing alimony payments. This is a fundamental principle of alimony termination.

Important Note: In some rare cases, a divorce decree might specify that alimony payments continue to be paid by the payor's estate. This requires specific language in the original agreement or court order.

Cohabitation of the Recipient

🏠 This is a more complex area. Nevada law allows for the possible termination or modification of alimony if the recipient is cohabitating with another person in a relationship that resembles marriage. NRS 125.150(9) addresses cohabitation. It states that the court may consider whether the recipient is living with another person and receiving financial support that reduces the need for alimony.

Proving Cohabitation: This can be challenging. The payor needs to demonstrate that the recipient and their cohabitant are living together in a stable relationship and that the recipient is receiving financial benefits from the cohabitation.

Factors the Court Considers:

• ➡️ Shared residence
• ➡️ Joint bank accounts
• ➡️ Financial interdependence
• ➡️ Length of the cohabitation
• ➡️ Whether they hold themselves out as a couple

Practical Advice: If you believe your ex-spouse is cohabitating, gather evidence such as social media posts, witness statements, or shared addresses. Consult with an attorney to assess the strength of your case before filing a motion to terminate or modify alimony.

Change in Circumstances

🔄 A significant change in circumstances for either the payor or the recipient can be grounds for modifying or, in some cases, terminating alimony. This is outlined in NRS 125.150(6). The change must be substantial and unanticipated at the time of the divorce.

Examples of Changes in Circumstances:

• ➡️ Job loss by the payor
• ➡️ Significant decrease in the payor's income
• ➡️ Serious illness or disability of either spouse
• ➡️ Unexpected increase in the recipient's income

Practical Advice: Document any significant change in your circumstances. Keep records of job applications, medical bills, or income statements. You'll need to present this evidence to the court. The change must be material and ongoing, not temporary.

Lapse of Time/Duration of Alimony

⏳ If the original alimony order specified a definite duration, the alimony obligation will automatically terminate upon the expiration of that term. This is called "durational alimony".

Important Note: Some alimony orders are "permanent" or "indefinite." However, even these orders are subject to modification or termination based on other grounds like remarriage or cohabitation.

Strategies for Seeking Termination of Alimony

Navigating the legal process of terminating alimony requires a strategic approach. Here's a breakdown of steps to take:

1. Consult with a Nevada Family Law Attorney: This is the most crucial step. An attorney can evaluate your specific circumstances, advise you on the likelihood of success, and guide you through the legal process.
2. Gather Evidence: Collect all relevant documentation to support your claim. This may include financial records, employment records, witness statements, social media posts, or other evidence of cohabitation or changed circumstances.
3. File a Motion with the Court: Your attorney will prepare and file a formal motion with the court requesting the termination (or modification) of alimony.
4. Serve the Motion: The motion must be properly served on your ex-spouse, giving them legal notice of the proceedings.
5. Attend Hearings: You and your attorney will attend court hearings to present your case and argue why alimony should be terminated. Be prepared to answer questions from the judge and opposing counsel.
6. Negotiation: Sometimes, it is possible to negotiate a settlement with your ex-spouse regarding the termination or modification of alimony. This can save time and expense compared to a full trial.

Potential Outcomes and Considerations

The outcome of an alimony termination case can vary depending on the specific facts and circumstances. The court may:

• ➡️ Grant the motion to terminate alimony completely.
• ➡️ Deny the motion, leaving the existing alimony order in place.
• ➡️ Modify the alimony order, reducing the amount or duration of payments.

Important Considerations:

• ➡️ The burden of proof is on the party seeking to terminate or modify alimony.
• ➡️ The court has broad discretion in deciding these matters.
• ➡️ Nevada law favors fairness and equity in alimony decisions.
• ➡️ Engaging in bad faith or attempting to conceal information can negatively impact your case.

Types of Alimony in Nevada

It is important to understand the different types of alimony that exist in Nevada and how each may be terminated.

• Temporary Alimony: Is awarded while the divorce case is pending. It ends when the divorce is finalized.
• Rehabilitative Alimony: This type is awarded to allow a spouse to gain education or job training so that they become self-sufficient. This will end when the spouse becomes self-sufficient, gets remarried, or dies.
• Permanent Alimony: This is not necessarily truly permanent, as the term suggest, but is awarded for the rest of the recipient spouse's life, or until remarriage or death. The court may order this where one spouse can never become self-sufficient.
• Lump Sum Alimony: This is a fixed amount of money that is paid either at once or over a period of time. These are non-modifiable

Common Mistakes to Avoid

When seeking to terminate alimony, it's essential to avoid common pitfalls that can weaken your case:

• ❌ Failing to Document Everything: Keep meticulous records of all relevant information, including financial records, communications, and any evidence supporting your claim.
• ❌ Acting Emotionally: Divorce and alimony issues can be highly emotional. However, it's crucial to remain calm and rational throughout the legal process. Let your attorney handle the legal arguments.
• ❌ Ignoring Deadlines: Legal deadlines are strictly enforced. Missed deadlines can jeopardize your case.
• ❌ Communicating Directly with Your Ex-Spouse: It's best to communicate through your attorneys to avoid misunderstandings or making statements that could be used against you.
• ❌ Underestimating the Cost: Legal proceedings can be expensive. Be prepared for attorney's fees, court costs, and other expenses.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.