Divorce vs. Legal Separation in Nevada: Which Option Is Right for You?

When your marriage reaches a crossroads, understanding your legal options becomes essential. Many Nevada couples face the difficult question of whether to pursue divorce or legal separation. While both paths allow you to live apart and establish financial boundaries, they create very different legal outcomes that will affect your future for years to come.

This guide helps to explain the critical differences between divorce vs legal separation Nevada law recognizes, helping you make an informed decision about which path aligns with your personal, financial, and family circumstances.

What Is Legal Separation in Nevada?

In Nevada, legal separation is formally known as "separate maintenance" under Nevada Revised Statutes 125.190. This legal process allows married couples to live apart while remaining legally married. According to NRS 125.190, when a person has grounds for divorce or has been deserted for 90 days, they may file for permanent support and maintenance without dissolving the marriage.

Legal separation in Nevada addresses many of the same issues as divorce, including:

• Spousal support (alimony)

• Child custody and visitation

• Child support obligations

• Division of property and debts

• Health insurance coverage

Despite these similarities, spouses remain legally married throughout the separate maintenance process. You cannot remarry while legally separated, and your marital status stays intact for legal purposes.

What Is Divorce in Nevada?

Divorce, legally termed "dissolution of marriage," completely terminates your marital relationship. Under NRS 125.010, Nevada recognizes three grounds for divorce: incompatibility, living separate and apart for one year without cohabitation, or insanity existing for two years prior to filing.

Nevada operates as a no-fault divorce state, meaning you do not need to prove wrongdoing by your spouse. The most commonly cited ground is "incompatibility," which simply acknowledges that irreconcilable differences exist between you and your spouse.

Once a divorce decree is granted, both parties are free to remarry, your legal obligations to each other end (except for child support and alimony orders), and you gain complete legal independence from your former spouse.

Key Differences Between Divorce vs Legal Separation Nevada.

Understanding the distinctions between these two options helps you determine which path serves your best interests.

Marital Status

The most fundamental difference is your legal status. With legal separation, you remain married in the eyes of the law. With divorce, your marriage is permanently dissolved. This distinction affects numerous aspects of your legal and financial life.

Ability to Remarry

Legal separation does not permit you to remarry another person since you remain legally married to your spouse. If you want the freedom to remarry in the future, divorce is your only option. Many people choose legal separation as a "trial period" to determine whether divorce is ultimately the right decision.

Tax Filing Status

With separate maintenance, you may still file joint tax returns if both spouses agree, potentially providing tax advantages. Once divorced, you must file as single or head of household. For some couples, the tax benefits of remaining married can result in substantial savings, particularly when one spouse earns significantly more than the other.

Health Insurance Benefits

Legal separation often allows one spouse to remain on the other's employer-sponsored health insurance plan, though this depends on the specific insurance provider's policies. Divorce typically terminates this eligibility, requiring the dependent spouse to obtain their own coverage. For individuals with pre-existing conditions or those who face expensive premiums, maintaining health insurance access can be a compelling reason to choose legal separation.

Social Security and Retirement Benefits

If you divorce before reaching ten years of marriage, you forfeit the ability to claim Social Security benefits based on your spouse's earnings record. Legal separation preserves this option since you remain married. For couples approaching this ten-year threshold, legal separation may provide strategic value.

Religious and Personal Beliefs

Some couples choose legal separation because their religious beliefs prohibit divorce. Legal separation allows them to live apart and establish financial independence while honoring their faith traditions. Additionally, some individuals prefer the option of eventual reconciliation without the finality of divorce.

Legal Finality

Divorce creates permanent finality. Once your marriage is dissolved, reconciliation requires remarriage. Legal separation, conversely, allows couples to resume their marriage by simply dismissing the separate maintenance case or living together again. This flexibility appeals to couples who need space but aren't ready to permanently end their marriage.

The Legal Process: How Each Works in Nevada.

Filing for Legal Separation

The separate maintenance process follows procedures similar to divorce under NRS 125.250. According to Nevada case law, including Davidson v. Davidson (2016), the proceedings in a separate maintenance case must mirror divorce proceedings as closely as possible.

To file for separate maintenance in Nevada:

1. Meet Nevada's six-week residency requirement (same as divorce under NRS 125.020)

2. File a complaint for separate maintenance with the district court

3. Serve your spouse with the legal papers

4. Negotiate or litigate issues of support, custody, and property

5. Receive a separate maintenance decree from the court

The court has authority under NRS 125.210 to assign property possession, order spousal and child support, and make custody determinations, essentially the same powers exercised in divorce cases.

Filing for Divorce

Nevada divorce requires either incompatibility or one year of separation. The process involves:

1. Establishing six-week Nevada residency

2. Filing a verified complaint for divorce

3. Serving divorce papers on your spouse

4. Completing financial disclosures

5. Negotiating settlement or proceeding to trial

6. Receiving a final divorce decree

Nevada offers expedited divorce processes for couples with agreements in place. If you and your spouse agree on all issues, you may qualify for a summary divorce under NRS 125.181, which streamlines the process significantly.

Financial Considerations: Costs and Property Division.

Cost Comparison

Legal separation typically costs less than contested divorce, especially when couples agree on major issues. However, if you later decide to divorce after obtaining a separate maintenance decree, you'll incur additional legal expenses for the divorce proceedings.

Court filing fees for both processes are comparable in Nevada. The primary cost difference lies in attorney fees and the complexity of your negotiations. When couples use legal separation as a trial period before ultimately divorcing, the total cost exceeds proceeding directly to divorce.

Property Division

Nevada is a community property state. Both divorce and legal separation require dividing marital assets equally under Nevada law. According to NRS 123.130, separate property owned before marriage or acquired by gift or inheritance remains separate, while property acquired during marriage constitutes community property subject to equal division.

Under separate maintenance, the court divides property similarly to divorce. However, some legal uncertainty exists about whether separate maintenance decrees can create truly permanent property divisions or only temporary arrangements. This ambiguity is one reason many attorneys recommend divorce when significant assets are at stake.

Spousal Support (Alimony)

Both legal separation and divorce can include spousal support orders. Under NRS 125.200 and NRS 125.210, Nevada courts have the authority to order one spouse to pay support to the other during separate maintenance proceedings. These support orders are modifiable under NRS 125.270 when circumstances change substantially.

The factors courts consider for alimony are identical in both proceedings, including the length of marriage, each spouse's financial resources and earning capacity, the standard of living during marriage, and each spouse's contributions to the marriage.

Child-Related Issues: Custody and Support

Child Custody and Visitation

Whether you pursue divorce or legal separation, Nevada courts make custody decisions based on the child's best interests under NRS 125.230. The same custody standards and considerations apply to both proceedings. Courts can award legal custody (decision-making authority), physical custody (where the child lives), or joint custody arrangements.

Neither option provides an advantage regarding custody outcomes. Judges evaluate factors such as the child's relationship with each parent, each parent's ability to meet the child's needs, any history of domestic violence, and the child's preferences if age-appropriate.

Child Support

Child support obligations exist regardless of whether you divorce or legally separate. Nevada uses specific formulas to calculate child support based on parental income and custody arrangements. Support orders are enforceable and modifiable under the same standards for both divorce and separate maintenance cases.

When Legal Separation May Make Sense

Legal separation may be your best option if you:

• Need time to evaluate whether divorce is right for you

• Have religious or moral objections to divorce

• Want to preserve health insurance benefits

• Are approaching ten years of marriage and want to protect Social Security benefits

• Hope for eventual reconciliation

• Need immediate financial protection while contemplating divorce

• Want to establish separate finances and custody arrangements without permanently ending the marriage

Many couples use legal separation as a transitional step. It provides breathing room to determine whether the marriage can be saved while offering legal protection for both spouses and any children.

When Divorce May Be a Better Choice

Divorce is may be preferable when:

• You are certain the marriage is over

• You want to remarry

• You need complete financial independence from your spouse

• You want to avoid the expense of two separate proceedings

• Significant assets or complex property require permanent division

• No strategic benefit exists to remaining legally married

• Your spouse is uncooperative or hostile

• You have been separated for a long period already

If your marriage is definitively over, divorce provides clarity and closure. Delaying divorce through legal separation may simply postpone the inevitable while incurring additional legal costs.

Can You Convert Legal Separation to Divorce?

Yes. If you obtain a separate maintenance decree and later decide to divorce, you can file for divorce in Nevada. Your separate maintenance case does not prevent you from pursuing divorce. However, you will need to go through the divorce process separately, including filing a new complaint, serving papers, and potentially re-litigating issues that were addressed in your separate maintenance decree.

Some couples find that having temporary arrangements in place through separate maintenance makes the eventual divorce process smoother since many issues have already been resolved. Others discover the additional proceeding creates unnecessary expense and complexity.

Making Your Decision: Questions to Ask Yourself

When weighing divorce vs legal separation Nevada offers, consider:

1. Do I see any possibility of reconciliation with my spouse?

2. Are there financial benefits to remaining married (taxes, insurance, benefits)?

3. Do my religious or personal beliefs affect my decision?

4. Am I prepared for the finality of divorce?

5. Do I want the freedom to remarry in the future?

6. Will I need to divorce eventually anyway?

7. Can I afford two separate legal proceedings?

8. How will this decision affect my children?

Frequently Asked Questions about Divorce vs. Legal Separation in Nevada

Q: How long does legal separation take in Nevada?

The timeline depends on whether you and your spouse agree on issues. Uncontested cases may resolve in a few months, while contested matters take longer, similar to divorce proceedings.

Q: Does Nevada require a separation period before divorce?

No. Nevada allows immediate divorce based on incompatibility without any mandatory separation period. However, if you base your divorce on living separately, you must demonstrate one year of separation without cohabitation.

Q: Can I date other people during legal separation?

Technically yes, since you are living apart. However, you remain legally married, and dating during separation can complicate reconciliation efforts and may be considered in custody evaluations.

Q: Is legal separation recognized in other states?

Most states recognize Nevada separate maintenance decrees. However, each state has different laws. If you move to another state while legally separated, consult an attorney in that jurisdiction about how your Nevada decree will be treated.

Q: What happens to joint debts during legal separation?

The court can assign responsibility for debts during separate maintenance proceedings. However, creditors may still hold both spouses liable for joint debts incurred during marriage regardless of court orders between the spouses.

Get Professional Legal Guidance: Divorce vs. Legal Separation in Nevada

The choice between divorce and legal separation is highly personal and depends on your unique circumstances. While this guide provides general information, every situation involves specific factors that require professional analysis.

At Becker & Vail LLC, our experienced Las Vegas family law attorneys help clients navigate these complex decisions with compassion and skill. We evaluate your financial situation, family dynamics, and long-term goals to recommend the path that best protects your interests.

Whether you're considering divorce, legal separation, or need help with child custody matters, our team provides the personalized representation you deserve during this challenging time.

Contact Us Today

Don't make this important decision alone. Schedule a consultation to discuss your options and receive tailored advice for your situation.

Becker & Vail LLC

Phone: 702-209-0357

Email: information@beckervail.com

This blog post provides general information about Nevada family law and should not be construed as legal advice. Laws change, and every situation is unique. Consult with a qualified Nevada family law attorney before making decisions about your case.