Calculation
Nevada: Conservative educational estimate based on need, ability to pay, income disparity, marriage length, marital standard of living, earning capacity, property division, age, health, education or training needs, and Nevada statutory factors; no mandatory statewide formula applies. New York: New York uses statutory guideline formulas for temporary and post-divorce maintenance on the payor's income up to the statutory income cap. The formulas are presumptive guideline calculations, but courts may adjust or deviate if the guideline amount is unjust or inappropriate after considering statutory factors. Maintenance above the income cap is discretionary.
Duration
Nevada: Nevada has no fixed statutory duration formula. Duration may be short-term, rehabilitative, long-term, lump-sum, or denied depending on the facts. Support for job training or education may include costs for testing, evaluation, guidance, tuition, books, fees, job search, or employment training assistance. Periodic alimony generally ends on death of either party or remarriage of the recipient unless otherwise ordered. Future unaccrued payments may be modified on changed circumstances. New York: New York uses a nonmandatory advisory duration schedule for post-divorce maintenance. For marriages up to and including 15 years, guideline duration is generally 15% to 30% of the marriage length. For marriages over 15 years and up to 20 years, guideline duration is generally 30% to 40% of the marriage length. For marriages over 20 years, guideline duration is generally 35% to 50% of the marriage length. Temporary maintenance lasts only while the divorce case is pending.
Modification
Nevada: Nevada alimony may be modified under NRS § 125.150 when circumstances materially change, including a significant change in income. Modification depends on the type of award and the terms of the decree or agreement. New York: Maintenance orders may be modified when statutory standards for modification are satisfied, including qualifying changes in circumstances. Separation agreements and judgments may contain additional provisions affecting modification rights.