If you are a stay-at-home spouse or have been out of the workforce during your marriage, you may be wondering whether your lack of income affects what you are entitled to in a Nevada divorce. The answer is clear: Nevada law fully protects the financial interests of non-working spouses. Being the lower or non-earning spouse does not mean receiving less. Here is what you need to know.
Bottom line: In Nevada, a non-working spouse is entitled to 50% of all assets acquired during the marriage, regardless of who earned the income. On top of that, a non-working spouse has a strong basis to request alimony. Contributions to the household and family, including raising children and supporting a spouse's career, are recognized under Nevada law.
Nevada is a community property state under NRS 123.220. This means that all assets acquired by either spouse during the marriage are jointly owned, 50/50, regardless of whose name is on the account, whose paycheck funded the purchase, or who was working and who was not. A non-working spouse who stayed home to raise children, manage the household, or support a partner's career contributed to the marriage and is entitled to an equal share of marital property.
This equal split applies to:
Beyond the 50/50 asset split, a non-working or lower-earning spouse can request alimony (spousal support) under NRS 125.150. Alimony is not automatic, but non-working spouses are among the most likely to receive it. Nevada courts consider factors including:
In longer marriages where one spouse has been out of the workforce for many years, Nevada courts are more likely to award both longer-duration alimony and vocational alimony (support specifically to help the non-working spouse gain marketable skills or complete education).
If the home was purchased during the marriage, both spouses own it equally. A non-working spouse does not automatically get the house, but does have an equal claim to its equity. Common resolutions include selling the home and splitting the proceeds, or one spouse buying out the other's share. In cases involving minor children, a court may consider the children's interest in remaining in the family home, which can influence how custody and housing decisions intersect.
One of the most valuable assets in many marriages is the working spouse's retirement account. The portion of any 401(k), IRA, pension, or similar account that was earned during the marriage is community property. A non-working spouse is entitled to half of the marital portion, even if they never contributed a dollar. Properly dividing these accounts requires a Qualified Domestic Relations Order (QDRO), which must be obtained as part of the divorce proceedings. Failing to do so is one of the most expensive mistakes in any divorce.
If a non-working spouse has been covered under the working spouse's employer health plan, that coverage ends when the divorce is finalized. COBRA continuation coverage is available for up to 36 months but can be costly. This is a practical issue worth addressing as part of the divorce settlement. Courts can factor health insurance costs into alimony calculations, and some settlements include a provision for the working spouse to help cover the cost of the non-working spouse's coverage during a transition period.
It is important to understand that not everything is community property. Assets owned by either spouse before the marriage, as well as gifts and inheritances received by one spouse individually during the marriage, are generally separate property and not subject to division. A prenuptial or postnuptial agreement can also designate assets as separate. However, separate property can become community property if it is mixed with marital funds, a process called commingling.
Related reading: For a comprehensive breakdown of how community property works in Nevada and what all spouses are entitled to, see our full guide: What Is a Wife Entitled to in a Divorce in Nevada?
Yes. Nevada's community property law gives both spouses equal ownership of all assets acquired during the marriage, regardless of who was working. A stay-at-home spouse is entitled to 50% of the family home, bank accounts, retirement accounts, vehicles, and any other marital property.
Yes. A non-working spouse can request alimony and has a strong basis for receiving it, particularly in longer marriages. Courts look at earning capacity, the standard of living during the marriage, contributions to the household, and how long the non-working spouse would need to become financially self-sufficient.
Not automatically. Both spouses have equal ownership of the family home if it was purchased during the marriage. However, custody arrangements and the children's wellbeing can be a factor in determining who stays in the home during and after the divorce process.
Coverage under the working spouse's employer plan ends at divorce. COBRA allows continuation for up to 36 months, though it is often expensive. Health insurance costs can be factored into alimony calculations or negotiated as part of the settlement.
Yes. The portion earned during the marriage is community property. A QDRO is required to properly divide retirement accounts. A non-working spouse is entitled to half the marital portion of any 401(k), pension, or IRA accumulated during the marriage.
PRO LAW GROUP has helped Las Vegas spouses, including stay-at-home parents and non-working partners, understand and protect their rights in divorce for 25+ years. Contact us for a free consultation or call (702) 474-0500, Monday through Thursday 8:30am to 5pm, Friday 8:30am to 3pm.