QUESTION
If my husband and I are getting a divorce and I have been served with a restraining order can I still get alimony?
Asked on Jul 10th, 2014 on Divorce - Nevada
More details to this question:
He is cheating he is claiming I am on drugs still which I am not and he is ignoring my calls and text messages served me with a TPO and has not given me any money since he told me to leave our home nine months ago he is doing everything his mother tells him too because she wants our marriage to end so she is influencing his decisions because she has the deed to the house. Holds it over his head. There is so much going on I can’t get into everything it would take days but I want to know if my actions because of anger that caused the TPO can stop him from having to pay alimony to me.
2 ANSWERS
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A TPO has no effect on your right to claim spousal support/alimony. However, you need to get a divorce case on file and bring a motion for an award of temporary spousal support ASAP to assert your claim. And you need to have no contact with him whatsoever while the TPO is in effect, as any contact of any form or nature can get you into serious trouble and lends credence to his claims that you have drug or other problems. Work through your divorce case to get the relief you need.
Answered on Jul 11th, 2014 at 4:47 PM
In Nevada, by statute and case law, spousal support/alimony has nothing to do with "fault" issues. A long story, but the simple answer is no, a TPO has nothing to do with eligibility for alimony.
Answered on Jul 11th, 2014 at 11:46 AM