The dissolution of a marriage is an unfortunate occurrence and can have wide-ranging impacts on the ability of both parties to provide for themselves.
Often times, spouses sign prenuptial agreements spelling out who gets what, when, and where and whether one party will be entitled to alimony should the marriage end.
Most prenuptial agreements cover spousal support payments, otherwise known as alimony, from one spouse to another.
In Nevada, there are several different types of alimony, whether awarded by a divorce court or agreed to through a prenuptial agreement.
It is important to know that indefinite alimony, while sometimes awarded or agreed to, is never guaranteed.
Signing a prenuptial agreement does not necessarily exclude one from receiving alimony, though Nevada divorce laws do allow these agreements to limit or even exclude spousal support payments.
However, there are certain circumstances where prenuptial agreements can be voided and courts can will award alimony.
Can My Prenuptial Agreement Be Voided?
Nevada divorce laws allow courts to void prenuptial agreements as it pertains to alimony under certain circumstances, though it is never guaranteed.
The Uniform Prenuptial Agreement Act (UPAA) holds that prenuptial agreements can be voided if one party did not sign the agreement voluntarily, or the agreement is inherently unfair (unconscionable), or if one party did not make fair and reasonable financial disclosures.
Alimony can be terminated by Nevada divorce courts, who may void these provisions if it would leave one spouse destitute and otherwise dependent on the state for assistance.
In these situations, one spouse may be eligible for rehabilitative and/or temporary or even permanent alimony.
Types Of Alimony Awarded In Nevada
There are 4 types of alimony that may be paid out to spouses and former spouses under Nevada divorce laws. These include:
Temporary Maintenance : This type of alimony is paid out while parties are still married and are going through a divorce. One spouse will usually request this type of spousal support from the onset of the divorce to provide for their needs until the proceedings are finalized
Permanent Alimony : Spousal support which usually only ends upon the remarriage or death of the recipient. This type of alimony is rarely awarded and typically given to older spouses with diminished chances of re-entering the workforce
Temporary Alimony : Structured payments from one spouse to another for a set period of time. Payments can be terminated at a set date or even earlier if the spouse receiving the alimony remarries, or either spouse passes away
Rehabilitative Spousal Support : In all Nevada divorce cases, if alimony is not addressed in a prenuptial agreement, courts must consider awarding spouses with limited means alimony to help them advance their education or job skills
Contact a Las Vegas Spousal Support Lawyer
If you or your spouse are considering divorce, you will need the guidance of an experienced Spousal Support Lawyer. With over a decade of experience, including vast knowledge of high net worth cases, Shawn M. Goldstein is a seasoned attorney serving Las Vegas, Nevada who can help you find the best solution for you and your family.
