The Tonopah Formula: Determining Alimony in Nevada
Tonopah isn't just a little town in middle Nevada. It's also the name of the formula that can provide a guide for determining alimony in Nevada. The Tonopah Formula is so named because the Family Law Section of the Nevada State Bar created the formula while at a meeting of the state's family law attorneys in Tonopah, Nevada.
Spousal support, otherwise known as alimony, is often the most difficult aspect of a divorce to analyze. There is extensive case law in Nevada that addresses which factors the Court considers when determining alimony. There is no consensus, however, as to which factors are controlling in any given scenario. The Court is always going to make the alimony determination on a case-by-case basis. That said, it is possible for an attorney and his or her client to sit down and, using the Tonopah Formula, make a reasonable projection of whether alimony may be awarded and, if so, how much alimony could be awarded.
There are two versions of the Tonopah Formula. A gross version, and a net version. Regardless of which version is used, the formula attempts to take the multitude of case law on alimony and convert it to a mathematical calculation by assigning different weights to the factors the Court has used. The goal of the formula is to provide an objective review of this very subjective aspect of a divorce. Therefore, it is far from precise, but it is a starting point for attorneys and judges to determine whether alimony is appropriate and what the appropriate amount should be.
As you approach this aspect of your divorce, review the Tonopah Formula and be prepared to provide your attorney with the detailed information necessary to produce a reasonable projection of alimony. In so doing, you can reduce the complexity of alimony and have a better grasp on the effect that the Court's alimony determination will have on your divorce.
