Divorce can be emotionally and financially challenging. Beyond dividing property and custody arrangements, understanding the various types of financial support available is important for couples who are looking to dissolve their marriage. In Las Vegas, Nevada, laws are designed to ensure that both spouses are treated fairly, and knowing your rights can make a significant difference in your post-divorce stability.
1. Spousal Support (Alimony)
One of the most common forms of financial support after a divorce is spousal support, often called alimony. In Nevada, the court considers several factors when deciding if alimony is appropriate and how much should be awarded, including:
- The length of the marriage
- The standard of living during the marriage
- Each spouse’s earning capacity and financial needs
- Contributions to the household, including unpaid labor or child care
- Health and age of both spouses
Alimony may be temporary, rehabilitative (designed to help a spouse become self-sufficient), or permanent in rare cases, depending on the circumstances. A Las Vegas divorce attorney can help ensure that your claim is fairly assessed and advocate for a support arrangement that meets your needs.
2. Child Support
If you have children, financial responsibility doesn’t end with custody arrangements. Child support is meant to cover the costs of raising a child, including education, healthcare, clothing, and basic living expenses. In Nevada, child support is typically calculated based on the parents’ incomes and the number of children.
Even if the custodial parent is earning more than the noncustodial parent, support may still be ordered to ensure that children’s needs are met fairly. Your attorney can help calculate a fair amount and enforce child support if necessary.
3. Division of Marital Property
While technically not “support,” the equitable division of marital property can have a significant financial impact. Nevada is a community property state, which means that assets and debts acquired during the marriage are generally divided equally. This includes:
- Real estate, such as the family home
- Bank accounts and investments
- Retirement accounts, pensions, and other long-term savings
- Vehicles, jewelry, and other personal property
An experienced divorce lawyer can guide you through negotiations or litigation to ensure you receive your fair share.
4. Social Security Benefits
Many people overlook the possibility of receiving financial benefits from a former spouse’s Social Security record, but we often get asked questions such as “Can I get my ex-husbands social security?” Under federal law, if your marriage lasted at least 10 years, you may be entitled to spousal Social Security benefits. Some key points to know:
- You can claim benefits based on your ex-spouse’s earnings if it results in a higher benefit than your own work record provides.
- You must be at least 62 years old to begin receiving these benefits.
- If your ex-spouse hasn’t yet claimed benefits, you can still receive benefits once they do, as long as the marriage lasted 10 years or more.
- Receiving benefits on an ex-spouse’s record does not affect their payments or your eligibility for your own Social Security benefits.
This can be a significant source of financial support in retirement, and understanding how it works is essential for long-term planning.
5. Health Insurance and Other Benefits
Post-divorce, health insurance coverage can become a major concern, particularly if you were previously covered under your spouse’s plan. Options include:
- Continuing coverage through COBRA
- Securing individual health insurance plans
- Negotiating continued coverage as part of the divorce settlement
Other benefits, such as life insurance, pensions, and employment-based retirement plans, may also be impacted by divorce and can be included in settlements to ensure ongoing financial security.
Work with An Experienced Divorce Lawyer to Determine Support Options in Your Divorce
Navigating financial claims after divorce can be complex. Working with a skilled Las Vegas divorce attorney ensures that your rights are protected and that you receive all forms of financial support available under Nevada law.
Divorce is not just an emotional separation; it’s also a financial transition. From alimony and child support to marital property division and Social Security benefits, understanding your entitlements is very important. If you’re facing divorce in Las Vegas, consulting with an experienced attorney can help you secure the financial support you deserve and provide peace of mind for the next chapter of your life.
