The divorce order will state the amount of alimony and whether it is paid in installments or as a lump sum.ĭuring the divorce, one spouse can file a motion for temporary spousal support. While half of everything often feels like nothing, many divorces involve no alimony at all. The general guideline for granting alimony is to prevent one spouse from being left with nothing. The courts will not punish cheating through adjustment of spousal support. None of the above factors reference infidelity in any way. Any other financial resources of each spouse.Education and career skills of each spouse prior to marriage.Standard of living enjoyed during the marriage.Financial and non-financial contributions to the marriage.Amount of property owned by each spouse.Amount of income and earning capacity of each spouse.However, they will look at several factors to determine if alimony is appropriate. Does Cheating Affect Alimony?Ī judge is not required to grant alimony in Nevada. When someone realizes that there is no legal punishment for cheating and it doesn’t affect the division of assets, the following questions tend to come up. Cheating FAQsĪ marriage ending due to infidelity is unfortunately common. They are called “infidelity clauses.” An infidelity clause awards damages or limits economic rights if the spouse is found guilty of cheating. Many prenup agreements have specific penalties for cheating. The final area is with prenuptial agreements.
The judge is not making a statement about “moral fitness.” They are simply looking at issues which may be detrimental to the mental health of the child. If the affair is with a porn star or the child’s teacher, the court may need to step in. The second and much rarer circumstance is child custody. The judge is not punishing, but rather ruling the affair unfairly reduced the divisible assets of the couple. If you spend large amounts of community assets (typically in the form of dinners or vacations) on the affair, then a judge may require you to compensate your spouse for half of the assets used. There is a legal issue called marital waste.
There are a few, rare situations where adultery could affect divorce proceedings. We just got through saying adultery isn’t relevant. When Does Cheating Matter? The Few Exceptions This made divorce faster, easier, and cheaper for couples who no longer wanted to be together. In 1973, Nevada recognized no-fault divorces, where the spouses were simply irreparably incompatible. This became an enormous mess for the legal system when one spouse would change their mind about the divorce and admit to perjury to prevent it from going through.
The courts would only grant the divorce if the complaint about the marriage met one of the grounds for divorce, adultery was one of the permitted criteria.īefore no-fault divorces became the norm, many couples who didn’t meet the qualifying criteria for a divorce lied about it. What Does it Mean to Be a No-Fault State?įifty years ago, a couple needed a reason to get divorced.
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