Does Alimony in Nevada End with Cohabitation?


In a Nevada divorce, it is possible, but not automatic, that alimony will be awarded. In high-asset divorce cases where one spouse earns significantly more than the other, it is almost standard for alimony to be awarded, at least temporarily.

If the spouses do not agree on alimony and one spouse is asking for it, a judge will have to decide on the matter. In these situations, the judge will examine each spouse’s financial condition, the length of the marriage, each spouse’s assets, the lower-earning spouse’s need for support, and the higher-earning spouse’s ability to pay.

A judge will consider additional factors, such as each spouse’s income, age and health, their earning capacity, education, and the standard of living established during the marriage, among other relevant factors.

When Does Alimony End?

In virtually all divorce cases involving an alimony award, both spouses are curious to know, “When does alimony end in Nevada?” Generally, alimony ends when a court order says it will end, upon the death of either spouse or when the recipient spouse remarries.

“But what about cohabitation? Can alimony terminate when the receiving spouse develops a sexual relationship with someone new, moves in with their new partner, and enters into a supportive arrangement?” In some states, such as New York, it is difficult, but possible to terminate alimony payments if the receiving spouse cohabitates with a romantic partner who is supporting them.

Under the current Nevada law, entering into a supportive relationship (e.g. moving in with a new fiancé) does not automatically preclude someone from receiving alimony. However, there is a way around that. If someone is getting a divorce and the wealthier spouse is going to be paying alimony, he or she can ask their divorce attorney to place a cohabitation clause in the divorce decree, which terminates alimony if their spouse were to cohabitate with a romantic partner after the divorce.

If you are interested in having such a clause, avoid vague language. Be sure to define exactly what type of relationship or condition would trigger an alimony reduction or termination. And, be sure to know exactly what you have to prove to modify or terminate the existing alimony award.

Next: Does Adultery Impact Spousal Support in Nevada?

If you are seeking legal advice regarding divorce or alimony in Henderson, contact Ford & Friedman to schedule a consultation with a member of our legal team.

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