A Nevada spousal support order is not necessarily permanent. After a divorce is finalized, either spouse may petition the court to modify alimony when there has been a substantial change in circumstances that justifies revisiting the original award. Whether you are paying alimony and believe the amount should be reduced, or you are receiving alimony and believe it should be increased or extended, understanding Nevada’s legal standards for alimony modification is essential before pursuing a court action.
Nevada’s Standard for Alimony Modification
Under NRS § 125.150(8), a Nevada court may modify an alimony award upon a showing of changed circumstances affecting the parties’ financial positions. The change must be material and substantial — not trivial or temporary — and must have occurred after the entry of the original divorce decree. Courts look at the totality of circumstances rather than any single factor. The burden of proof is on the party seeking modification to establish that a qualifying change of circumstances has occurred and that modification of the support obligation is warranted.
Common Grounds for Modification
The most common circumstances that support an alimony modification petition in Nevada include: significant involuntary reduction in the paying spouse’s income — such as a job loss, medical disability, or business failure — that makes the original payment amount impossible or unduly burdensome; significant increase in the paying spouse’s income, where the receiving spouse can demonstrate that the original award was calculated based on the paying spouse’s then-current income and a material increase has since occurred; the receiving spouse’s remarriage, which terminates alimony under NRS § 125.150(7) unless the divorce decree specifies otherwise; the receiving spouse’s cohabitation with a romantic partner in a marriage-like relationship, which many Nevada courts recognize as grounds for reduction or termination even without formal remarriage; and a significant change in the receiving spouse’s financial circumstances, including inheritance, increased earning capacity following education or retraining, or remarriage.
Contractual vs. Court-Ordered Alimony
The modifiability of alimony in Nevada depends significantly on how the original award was structured. If the parties negotiated and signed a written property settlement agreement that specifically designates the alimony as non-modifiable, Nevada courts generally enforce that contractual provision and will not modify the alimony even if circumstances change substantially. This is a critical drafting issue that many parties overlook at the time of divorce — an agreement that appears beneficial today can become an unworkable burden if future circumstances change significantly. If the alimony was set by court order after contested litigation rather than by agreement, it is generally modifiable under NRS § 125.150(8) upon a showing of changed circumstances.
Temporary vs. Permanent Alimony Modification
Nevada courts can modify alimony either temporarily or permanently depending on the nature of the changed circumstances. A paying spouse who suffers a temporary job loss may seek a temporary reduction in alimony with a provision that payments revert to the original amount once employment is restored. A paying spouse who becomes permanently disabled or retires at a reasonable retirement age may seek a permanent reduction. For temporary modifications during a pending modification proceeding, a party can request a temporary order from the court while the full modification case is litigated — preventing financial hardship during the often months-long process of getting a final modification ruling.
Contact Hauser Family Law
Hauser Family Law represents both paying and receiving spouses in Nevada alimony modification proceedings. Contact us for a consultation to discuss whether your circumstances support a modification petition.