Modifying and Ending Alimony in Nevada

In Nevada, unaccrued periodic alimony may be modified on changed circumstances, a 20% change in the payer’s gross monthly income requires a review, accrued payments cannot be modified, and payments cease on either party’s death or the recipient’s remarriage unless ordered otherwise.

Death and remarriage

If either party dies, or the spouse to whom specified periodic payments were to be made remarries, all the payments required by the decree cease, unless the court ordered otherwise (NRS 125.150(6)).

Accrued payments

A decree or agreement for specified periodic payments of alimony is not subject to modification as to accrued payments. Payments under a decree entered on or after July 1, 1975 that have not accrued when a motion for modification is filed may be modified on a showing of changed circumstances, whether or not the court expressly retained jurisdiction (subsection 8).

The paying spouse’s income

In deciding whether to modify, the court considers, in addition to other relevant factors, whether the paying spouse’s income on the federal income tax return for the preceding year has been reduced to a level at which he or she is financially unable to pay the alimony ordered.

The 20% rule

A change of 20% or more in the gross monthly income of the spouse ordered to pay alimony is deemed a changed circumstance requiring a review for modification (subsection 12). Gross monthly income here is total monthly income from any source, or a self-employed person’s income after legitimate business expenses, without deduction for personal taxes or retirement contributions.

Property settlements

Property rights adjudicated or settled by agreement may be modified later only by written stipulation signed and acknowledged by the parties (subsection 7).

Questions to bring to an attorney

Ask whether your alimony is a principal sum or periodic payments and whether the court kept jurisdiction to modify it.

Evidence to gather

The decree, tax returns for the last year, pay records showing the change and the dates it began.

Frequently asked questions

What income change allows review of Nevada alimony?

A change of 20% or more in the gross monthly income of the paying spouse.

Can I change alimony that has already accrued in Nevada?

No. Accrued payments are not subject to modification.

Does remarriage end Nevada alimony?

Periodic payments cease on the recipient's remarriage or either party's death, unless the court ordered otherwise.

Does the Nevada court look at my tax return?

Yes. It considers whether the paying spouse's income on the preceding year's federal return has fallen to a level at which he or she cannot pay.

Can a Nevada property settlement be changed?

Only by written stipulation signed and acknowledged by the parties.

Official sources

Going through a divorce or custody case in Nevada?

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This is general information, not legal advice. It is based on the cited Nevada statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Nevada attorney.