Legal Question in Family Law in Nevada

divorce, spousal support

We have been married 15 yrs and husband filed for divorce and has already moved out of our house (11 months ago)to move in with his girlfriend whom he has been having an affair. We have one 12 yr son and have lived in our home for 11 yrs. I cannot afford the payment and other household bills and necessities on my own and husband is well aware of it. My income is 23,000 yr and his is a base pay and then biannual bonuses based of performance 94,500 was his base and 29,200 in bonus for total of 123,700 yr income. Is it reasonable for me to ask for permanent spousal support or originally what I was going to ask for is 620.00 month for 7.5 yrs-half the length of the marriage but am worried what happens at the end of the duration. I am forced to sell my home and by that time will have only 3 yrs till paid off in full. I feel so betrayed and have always had the lesser job to be able to raise our son so he would be forced to be raised by daycare providers and now I'm burned because of it. Any ideas about this? Thank you


Asked on 5/03/07, 11:45 pm

1 Answer from Attorneys

Joseph Scalia Joseph A. Scalia & Associates

Re: divorce, spousal support

Let me begin by getting you situated.

1. NV is a no fault divorce state. You can get divorced for any reason or no reason. No one cares if he has a girlfriend, or not. Your feelings of abandonment or betrayal are not important to the analysis as far as the divorce is concerned. (You may want to seek therapy or counseling- and as much as you may grow to dislike your ex- don't put the 12 year old in the middle. These are adult problems- not to be discussed with your son.

2. A divorce in NV is usually about 3 things: 1) Custudy 2) Distribution of real property 3) payment of debts. In your case spousal support also plays a role.

Child Custudy: You already have custudy- you just need a formal order and Child support. if dad makes 10K a month theres a cap based on that income (Between $700- 800 per month- I don't have the printed schedule with me at home). Dad will have vistation w/his son on his days off and weekends. You must try your best not to interfere with the father son relationship. Don't make negative comments or thwart the visits. The only person who usually pays for this behavior is not your ex- but your son.

Property: You discuss the house, but you don't state what its worth or what you owe. You also failed to discuss any of your husbands pension, retirement, 401K profit sharing etc. When that next bonus comes- you should be entitled to half of it. You need a complete list of assets to be divided.

Debt- Usually all debts are deemed community. Due to the disparity in income- you ex should be ordered to pay the bulk of the bills.

Finally as to spousal support- are you nuts? he makes 5x what you make. You would be entitled to as subtantial "Equitable Distribution" ie 1/2 of his next bonus along with temporary and permanent spousal support. You are making 2k a month and he is making over 10k. Almost any judge in family court will order him to pay for the house (until it distributed) as well as living expenses. car insurance etc.

Short answer- yes- temp & Perm spousal, temp equitable division, ex poss of marital home Temp & perm child support. Get the 06 tax returns so you can get a handle on other assets,

Good Luck

Joseph Scalia

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Answered on 5/04/07, 3:26 am


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