Alimony may be modified so long as the Court still retains jurisdiction over the issue of alimony, meaning the payment of alimony is still on-going. If the Court terminated jurisdiction over the issue of alimony in your divorce, you do not get to come back later and ask for it. If alimony was awarded in the divorce, but the alimony period has ended, jurisdiction has ended, and thus again you cannot ask the court to modify. If you seek to modify alimony, you must file the motion while the Court still has jurisdiction over alimony.
In order to modify alimony, per the statute, there must be a 20% change in the obligor’s income. This means, under the statute, a change in the obligee’s income (i.e. the receiving party’s income), does not prompt a basis to modify alimony; however, it could potentially be considered depending on the facts. (i.e. spouse had no income at time of divorce and is now earning $100,000.) Ultimately family courts are a court of equity and should consider the relative income of the parties in an alimony modification.
I solve this problem by drafting decrees that state alimony is modifiable upon a change of 20% in either party’s income.
If the receiving spouse re-marries, alimony automatically terminates under Nevada law, unless your Decree states otherwise.
If you have questions in regards to modifying alimony, call the Law Offices of Andriea A. Aden, Esq. today at 775-622-9245 to schedule your consultation.