Nevada Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse

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US-00003BG-I
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This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

During divorce proceedings, either spouse can request alimony, regardless of gender. However, alimony isn't automatic. The hallmark of every alimony case in Nevada is that the requesting spouse needs financial support and that the other can pay.

In Nevada, alimony ends by law under the following conditions: When the paying spouse dies. If the receiving spouse dies. Or if the receiving spouse remarries.

Alimony, also called spousal support in Nevada, is not an entitlement of either spouse. This means that it is in the court's discretion to grant or deny alimony. The court's determination on alimony is separate from the division of any property.

No, cheating does not affect alimony in Nevada. In some states, cheating spouses may lose the right to alimony, but Nevada is a no-fault divorce state. The courts do not consider misconduct when granting divorce or alimony.

Nevada law does not have an immediate presumption that if you start cohabiting with someone, you do not require alimony (or as much alimony). It must be proven that the cohabitation benefits you financially, in order for alimony to be modified or eliminated altogether.

The law in Nevada says alimony ends when the spouse receiving alimony either passes away or remarries. You can modify spousal support if the paying party's income increases or decreases by 20% or more. This support modification is considered a change of circumstances.

Nevada divorce laws do not state a minimum time to be married to receive spousal support. Alimony will typically be awarded in marriages of 6 years or greater if there is a difference in incomes, and a spouse can justify the need for alimony.

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Nevada Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse