What Is Legal Separation in Nevada?
Many people assume that legal separation is simply a “trial divorce” — a halfway step before ending the marriage entirely. In Nevada, legal separation (officially called a “decree of separate maintenance”) is actually a distinct legal process with specific consequences that differ significantly from divorce. Understanding the key differences between the two options can help you make the right decision for your situation. Whether you are leaning toward separation or divorce, our divorce attorneys at Hauser Family Law can help you evaluate your options.
Key Legal Differences Between Separation and Divorce
The most fundamental difference between legal separation and divorce is your marital status. After a divorce, you are legally single and free to remarry. After a legal separation, you remain legally married — you are simply living apart with court-ordered terms governing your property, finances, and child-related matters. This single distinction drives most of the practical differences between the two options.
Health Insurance Considerations
One of the most significant practical reasons some couples choose legal separation over divorce is health insurance. If one spouse is covered under the other spouse’s employer health plan, divorce typically terminates that coverage immediately — meaning the covered spouse must find and pay for their own insurance. A legal separation, by contrast, allows both spouses to maintain the same health insurance coverage, because the marriage remains legally intact. This can be a substantial financial consideration, particularly if one spouse has significant medical needs or is in the middle of treatment.
Religious and Personal Considerations
Some individuals have deeply held religious beliefs that prohibit or discourage divorce. Legal separation allows these couples to live separately, divide their finances and property, and establish custody arrangements — while remaining legally married in accordance with their faith. Similarly, some couples prefer to remain legally married for personal reasons, even if they are no longer living together as spouses.
Social Security and Military Benefits
Some federal benefits — including certain Social Security spousal benefits and military benefits — require that a couple remain married for a minimum number of years. Couples who are approaching a key milestone (such as 10 years of marriage for Social Security eligibility) sometimes choose legal separation to preserve access to these benefits while living separately.
When Legal Separation Makes More Sense Than Divorce
Legal separation may be the better choice when you need to maintain health insurance coverage for one spouse, you want to leave open the option of reconciliation without having to remarry, you have religious or moral objections to divorce, you are approaching a significant benefits milestone that requires marital status, or you and your spouse agree that separation is the right step for now. Legal separation also provides the same court-ordered structure as a divorce — covering property division, spousal support, child custody, and child support — without permanently ending the marriage.
Property and Support During Legal Separation
In a Nevada legal separation, the court can divide community property, award spousal support (alimony), establish child custody and parenting schedules, and set child support — just as it would in a divorce. Assets and debts acquired after the separation date are generally treated as the separate property of each spouse going forward. A legal separation agreement is a binding court order, and both parties are required to comply with its terms. Our family law team can help you negotiate separation terms that protect your financial interests and your children’s wellbeing.
Converting Legal Separation to Divorce
Nevada law allows a legally separated couple to convert their separation into a divorce. If one or both spouses decide that divorce is the right next step, either spouse can petition the court to convert the legal separation decree into a final divorce decree. Because the major issues (property, support, custody) have already been resolved in the separation proceeding, the conversion process is typically much simpler and faster than starting a divorce from scratch. However, if circumstances have changed significantly since the separation — such as a change in income, custody needs, or the acquisition of new assets — those issues may need to be revisited.
Nevada’s Process for Legal Separation
The process for obtaining a legal separation in Nevada is similar to a divorce. One spouse files a petition for legal separation with the Clark County Family Court. The other spouse must be served and has the opportunity to respond. The court can issue temporary orders for support and custody while the case is pending. A hearing is scheduled, and if both parties agree on the terms, the court can approve a separation agreement. If they do not agree, the court will resolve the disputed issues. As with divorce, Nevada requires that at least one spouse have been a Nevada resident for at least six weeks before filing.
Talk to a Henderson Family Law Attorney About Your Options
Choosing between legal separation and divorce is a deeply personal decision with significant legal and financial consequences. The right choice depends on your specific circumstances, goals, and values. Attorney Michelle Hauser and the team at Hauser Family Law are here to help you think through your options clearly and make the decision that best serves your family. Contact us at (702) 867-8313 for a confidential consultation, or reach us through our online contact form. We serve Henderson, Las Vegas, and all of Clark County.