This is the next post in my series on how Nevada’s community property laws impact a Las Vegas divorce. My last article discussed how to prove whether property is part of the “community” or “separate.” The discovery process, which I discussed in my previous article, is crucial for establishing the true character of assets or debts. If you are going through a contested divorce then it is important that you retain an attorney who is experienced in handling such matters. In this article I will discuss a topic which sometimes causes confusion – the extent to which the division of property will impact spousal support. If you need assistance then contact my office today to speak with a lawyer.
The Clark County Family Court will consider several factors when deciding whether or not to award spousal support. These factors include the ability of each spouse to earn money and, among several other things, the amount of assets which one will have when the case is completed. This means that the greater the amount of property or other assets which one receives, then the less likely that individual is to receive alimony. Conversely, if one spouse leaves the marriage with significantly more assets than the other, then that individual may be more likely to have to pay alimony.
Given that Nevada is a community property state, any assets and debts acquired during the marriage will generally be evenly split between the spouses. Say, for example, that the spouses acquired a home several years ago and, as of 2018, it has appreciated significantly. Now say that, at the end of the marriage and upon the sale of the home, each spouse walks away with $250,000 in cash. This cash position would be an argument in favor of the idea that neither spouse should receive spousal support. It is crucial to understand, however, that how the Court will rule in any given situation is always going to depend on the facts of the matter.
If you are involved in a Las Vegas divorce, and are concerned about community property division or spousal support, then contact my office today to speak with an attorney. I devote my practice to the handling of domestic relations law and I pride myself on providing the highest level of service.