Nevada Legal Separation Agreement
Nevada does not offer a legal separation decree; it provides a separate maintenance action (NRS 125.190) or a private separation agreement, and the marriage stays intact. Attorney review available.
Find out where you stand in Nevada
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Introduction
Nevada does not offer a court decree of legal separation that changes marital status. Instead, a Nevada spouse who wants to live apart and have rights fixed without a divorce has two routes: an action for separate maintenance and a private written separation agreement. Under NRS 125.190, when a person has a cause of action for divorce, or has been deserted for at least 90 days, that person may, without applying for a divorce, maintain an action against the spouse for permanent support and maintenance of themselves and their children. In that action the court has powers much like a divorce court: it may assign to either spouse the possession of the other spouse's property and order the payment of support (NRS 125.210). What separate maintenance does not do is dissolve the marriage. The couple stays legally married, neither spouse may remarry, and to end the marriage a spouse must file for divorce, while the other spouse may counterclaim for a divorce in the separate-maintenance action. A private separation agreement is the other tool: it is a contract in which the spouses settle property, debts, support, and parenting while staying married, and it does not by itself change marital status. Couples choose to stay married rather than divorce to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, for religious reasons, or as a trial step before deciding to divorce. Nevada is a community-property state, so property acquired during the marriage is generally shared; because those division terms are the same ones used to end a marriage, they belong in a Nevada Marital Settlement Agreement, and if you decide to end the marriage the pleading that starts it is a Nevada Divorce Petition. DocDraft builds your Nevada separation agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
Nevada does not offer a court decree of legal separation that changes marital status. A spouse who wants to live apart with rights fixed uses either an action for separate maintenance (NRS 125.190) or a private written separation agreement, and in both the couple stays legally married.
- 2
Under NRS 125.190, a person who has a cause of action for divorce, or who has been deserted for at least 90 days, may, without applying for a divorce, bring an action against the spouse for permanent support and maintenance of themselves and their children.
- 3
In a Nevada separate-maintenance action the court may assign to either spouse the possession of the other spouse's property and order support (NRS 125.210), powers much like those in a divorce, but it does not dissolve the marriage.
- 4
Separate maintenance and a private separation agreement do not end the marriage: neither spouse may remarry, and to dissolve the marriage a spouse must file for divorce. The other spouse may counterclaim for a divorce in a separate-maintenance action.
- 5
Couples stay married rather than divorce to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, for religious reasons, or as a trial step before deciding to divorce.
- 6
A Nevada private separation agreement is a contract in which the spouses settle property, debts, support, and parenting while staying married; it fixes rights between them but does not change marital status.
- 7
Nevada is a community-property state, so property acquired during the marriage is generally shared. Because those division terms are the same ones used to end a marriage, they belong in a Nevada marital settlement agreement, not in the separation itself.
Key decisions before you file
Before you file a Legal Separation Agreement in Nevada, a few decisions shape the document: which option to choose and what each one means. The Legal Separation Agreement guide walks through them.
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Nevada Requirements for Legal Separation Agreement
No Legal Separation Decree
Nevada does not enter a court decree of legal separation that changes marital status. A spouse who wants to live apart with rights fixed uses a separate maintenance action or a private separation agreement, and the couple stays legally married.
Separate Maintenance Action
Under NRS 125.190, a person who has a cause of action for divorce, or who has been deserted for at least 90 days, may, without applying for a divorce, bring an action against the spouse for permanent support and maintenance of themselves and their children.
Court Powers in Separate Maintenance
In a separate maintenance action the court may assign to either spouse the possession of the other spouse's property and order the payment of a fixed sum for support (NRS 125.210), powers much like those in a divorce, but it does not dissolve the marriage.
Marriage Not Dissolved
Separate maintenance and a private separation agreement do not end the marriage. Neither spouse may remarry, and the marriage ends only through a later divorce.
Private Separation Agreement
A Nevada private separation agreement is a contract in which the spouses settle property, debts, support, and parenting while staying married. It fixes rights between the spouses but does not change marital status.
Ending the Marriage Requires a Divorce
To end the marriage a spouse must file for divorce. If one spouse brings a separate maintenance action, the other spouse may counterclaim for a divorce, which the court can grant. There is no conversion of a separation order into a divorce.
Community Property
Nevada is a community-property state, so property acquired during the marriage is generally shared. Because this is the same division used to end a marriage, set it out in a Nevada marital settlement agreement rather than in the separation itself.
Reasons to Stay Married Rather Than Divorce
Couples stay married and separate to preserve a spouse's health insurance, to reach the ten-year mark for certain military and Social Security benefits, or for religious or trial-step reasons. Confirm insurance effects with the plan, since many treat a separation like a divorce.