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FamilyAnswer, Lawyer
Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I'm married yrs where divorce is not legalize from the

Customer Question

I'm married for 18 yrs where divorce is not legalize from the country I got married. My husband is jobless x 8 yrs now.This time he is thinking of a big business that seem far from reality.I'm done after his several business ideas and tryouts. I can't support him no longer. We have a 17 yr old daughter and a 14 yo son. Just couple of weeks ago he was diagnosed for bipolar with severe depression.I thought of legal separation vs divorce. On the other hand my doctor told me if I tell him of my plan, he will be more devastated and possibly more depressed and resort to a suicide. What should be the best move for the sake of my children and him? How much is the estimated percent alimony in NV ? What other outcome should I expect ?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. I certainly understand the situation and your concern. Telling him you want to divorce or separate, could have a negative effect on him but there is truly no way of knowing and you need to do what is in your best interest and try and balance that with his depression. Clearly, telling this him will not go over well but you need to decide if it is worth staying in the marriage, for his health, while it harms yours. As far as alimony, there are different types and factors and no set way to calculate what you could have to pay. Nevada law provides four basic kinds of alimony or spousal support that might be awarded in a divorce case. First, there is “temporary spousal support,” permitted under NRS 125.040, which refers to sums awarded from one spouse to another during a divorce action as “temporary maintenance.”

The other three types of alimony concern post-divorce payments from one spouse to the other, payable either in lump sum or periodic installments. “Permanent” alimony is alimony for which there is no termination date or event specified (other than the death of a party or, usually, re-marriage of the recipient).

“Temporary” alimony is similar, but has a specific termination date set out in the future, or a terminating event with an uncertain date.

“Rehabilitative” alimony is specifically contemplated by NRS 125.150(8), and is support for the purpose of allowing the receiving spouse to obtain training or education relating to a job, career or profession. In deciding whether to grant rehabilitative alimony, a court must explicitly consider whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage, and whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.

Other than for rehabilitative alimony, there is virtually no legislative guidance as to when alimony is appropriate, or how much should be paid. The general statute, NRS 125.150(1), says only that such an award should be “just and equitable.”

In 2007, the Nevada Legislature codified 11 “guideline factors” lifted directly from Nevada Supreme Court decisions, which a district court is required to “consider” in making an alimony award:

1. The financial condition of each spouse.
2. The nature and value of the respective property of each spouse.
3. The contribution of each spouse to any property held by the spouses pursuant to section 123.030 of the Nevada Revised Statutes.
4. The duration of marriage.
5. The income, earning capacity, age and health of each spouse.
6. The standard of living during the marriage.
7. The career before the marriage of the spouse who would receive the alimony.
8. The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage.
9. The contribution of either spouse as homemaker.
10. The award of property granted by the court in the divorce, other than child support and alimony, to the spouse who would receive the alimony.
11. The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse.

In addition, child custody would also have to be ordered, so you would need to decide if one party would have them solely or if it would be shared.

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