How to Separate Without a Divorce in Nevada

Nevada has a legal process for married couples to live apart without divorcing, called separation maintenance (NRS 125.190). This process allows couples to address issues like spousal and child support, as well as property division.

While it’s ideal for both parties to agree to the terms of a separation agreement, it’s not required—one spouse can request separation maintenance even without the other’s consent.

In this blog post, we’ll explain what a separation agreement is under Nevada law and why couples might choose this option.

What is a separation agreement in Nevada?

Under Nevada law, a separation agreement, often referred to as ‘separate maintenance,’ is a legally binding document that outlines the division of assets, child custody, child support, and other matters while spouses are living apart but remain legally married.

Technically speaking, couples in Nevada with a separate maintenance case are not considered ‘legally separated’ because they remain legally married. However, the separation agreement outlines terms for living apart without changing their marital status. They remain legally married during the separation period until they obtain a divorce or annulment.

Why would a couple agree to separate instead of filing for divorce?

Opting for a separation agreement can be advantageous for several reasons.

Here are the most common reasons our Nevada law firm has encountered when helping clients prepare their separation agreements:

• Children and Stability: Couples with children might choose separation to maintain a sense of stability for their children while they figure out their relationship, avoiding the potential disruption of a divorce.
• Financial Reasons: Remaining legally married might provide financial benefits, such as continued health insurance coverage, tax advantages, or the ability to maintain certain social security or pension benefits that could be lost with a divorce.
• Religious or Moral Beliefs: Some couples may have religious or moral objections to divorce, so they choose separation as an alternative that aligns with their beliefs while still allowing them to live apart.
• Emotional Readiness: Divorce can be an emotionally challenging process. Some couples prefer to separate first to give themselves time to adjust emotionally before making the final decision to divorce.
• Time to Consider Reconciliation: Separation allows couples to live apart and take time to decide if they want to reconcile or proceed with a divorce without the finality of ending the marriage immediately.
• Legal Strategy: In some cases, separation can be a strategic step before divorce, allowing the couple to settle issues like property division and custody arrangements in a less adversarial manner.

If any or all of these reasons apply to your situation, you might consider pursuing a separation agreement instead of a divorce or annulment.

It’s important to note that you can create a separation agreement even if your spouse does not agree. However, to have the agreement enforced or incorporated into a Nevada court order, both spouses generally need to agree, or the court will need to resolve any contested issues.

How to get a Separation Agreement in Nevada

Since a separation agreement is a legally binding document that affects your rights and responsibilities on various matters, it’s crucial to consult a family lawyer before filing one. You wouldn’t want to discover later that you’ve unintentionally lost financial interests or that your children’s needs aren’t properly addressed!

Smith Legal Group can assist couples or individuals in reviewing, completing, and filing all necessary paperwork with Clark County Family Court, either jointly or separately.

Contact our Henderson, NV office at 702-410-5001 to request a free consultation and get started.