One of the most common questions people ask before or during a Nevada divorce is: what am I actually entitled to? The answer depends on Nevada's community property laws, the length of the marriage, whether there are children involved, and several other factors. Here is a plain-language breakdown of what each spouse is typically entitled to in a Nevada divorce.
Important: Nevada law applies equally to both spouses regardless of gender. "What is a wife entitled to" and "what is a husband entitled to" have the same legal answer in Nevada. Either spouse may be entitled to property, alimony, and child support depending on the circumstances.
Nevada is one of nine community property states in the U.S. Under NRS 123.220, all assets and debts acquired by either spouse during the marriage are considered community property and are subject to equal (50/50) division upon divorce. This is the foundation of what each spouse is entitled to.
Community property includes virtually everything acquired from the date of marriage to the date of separation, regardless of whose name is on the account or title:
Not everything is split 50/50. Separate property belongs solely to one spouse and is not subject to division. Separate property includes:
However, separate property can become community property ("commingled") if it is mixed with marital funds or if both spouses contributed to its growth. Tracing separate property requires careful documentation.
Alimony (spousal support) is not automatic in Nevada. A spouse seeking alimony must request it, and the court must find that an award is equitable based on factors under NRS 125.150, including:
Alimony is most commonly awarded in longer marriages where one spouse left the workforce or significantly reduced their earning capacity to support the family. Nevada courts have broad discretion to award, deny, or set the amount and duration of alimony.
If the home was purchased during the marriage, it is community property. Spouses typically have three options: sell the home and split the proceeds, one spouse buys out the other's share, or (in cases involving minor children) one spouse remains in the home temporarily as part of a custody arrangement. The court will not simply award the house to the wife or the husband -- both spouses have an equal ownership interest that must be addressed.
The portion of a retirement account or pension earned during the marriage is community property. Dividing these accounts requires a Qualified Domestic Relations Order (QDRO), a separate court order that instructs the plan administrator how to divide the account. Failing to properly divide retirement accounts is one of the most expensive mistakes made in DIY divorces.
Custody and child support are separate from property division. Nevada courts determine custody based on the best interests of the child, with a presumption favoring joint physical custody. Child support follows Nevada's statutory guidelines based on both parents' incomes and the custody arrangement -- it is not tied to who "wins" the divorce.
Bottom line: In Nevada, both spouses are entitled to half of all marital assets and are equally responsible for marital debts. Alimony and child support are determined separately based on the specific facts of the marriage and family.
Every marriage is different, and the specifics of what you are entitled to depend on the assets involved, the length of your marriage, and many other factors. PRO LAW GROUP has handled Nevada divorce cases for 25+ years. Contact us for a free consultation or call (702) 474-0500 -- Monday through Thursday 8:30am-5pm, Friday 8:30am-3pm.