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Legal separation is often misunderstood, and often confused with divorce. In Nevada, it’s formally called “separate maintenance,” and it’s a distinct legal remedy with its own statute, procedure, and consequences.
If you and your spouse need legal structure around finances, custody, and support, but aren’t ready to dissolve the marriage, separate maintenance may be the right path.
Ford Law handles separate maintenance actions for Nevada couples with clarity about what this remedy does, and what it doesn’t.
Under NRS 125.190, a married person whose spouse refuses or neglects to provide suitable support can petition the court for separate maintenance. The action resolves issues of support, property, and custody, without ending the marriage.
The result is a court order addressing many of the same issues a divorce addresses:
But the marriage itself continues. The parties remain legally married.
Several scenarios make separate maintenance worth considering:
Religious reasons. Some couples have faith-based objections to divorce but need legal and financial separation.
Health insurance. If one spouse is covered under the other’s employer-sponsored health plan, divorce typically ends that coverage. Separation often preserves it, though many plans have begun closing this loophole.
Immigration status. For couples where one spouse’s immigration status depends on the marriage, divorce can have severe consequences. Separation may preserve status while allowing a working arrangement.
Military and pension benefits. Certain federal benefits vest at specific points in marriage (e.g., the 10/10 rule for direct pay of military retirement, Social Security spousal benefits at 10 years). Separation may preserve marriage duration while resolving day-to-day issues.
Uncertainty about divorce. Some couples aren’t sure they want to end the marriage. Separation creates legal structure during a period of decision-making.
Tax considerations. Filing status options differ for separated versus divorced couples.
| Separate Maintenance | Divorce | |
|---|---|---|
| Marital Status | Still Married | Single |
| Can remarry? | No | Yes |
| Ends health benefits? | Usually not | Typically yes |
| Grounds required? | Spouse’s refusal/neglect to support | No-fault in Nevada |
| Residency requirement | Yes | Yes (6 weeks) |
| Property divided? | Can be | Yes |
| Custody/support orders? | Yes | Yes |
| Can convert to divorce later? | Yes | N/A |
| Survivorship rights? | Usually preserved | Generally terminated |
Many couples who begin with separate maintenance eventually pursue divorce. When they do, the prior separate maintenance orders often inform, but do not automatically govern, the divorce. Issues resolved in the separation can typically be carried into the divorce decree. Issues not addressed must be litigated.
If you’re fairly confident the relationship will end, filing directly for divorce is usually more efficient. Separate maintenance is best reserved for couples who have a specific reason to preserve the marital status.
Nevada does not require physical separation as a prerequisite, though practically, most separated couples do live separately.
Uncontested separations can be finalized in 60–90 days. Contested matters can take 6–12 months or longer.
NRS 125.190 requires that the spouse has refused or neglected to provide suitable support. This is typically not a contested element.
The procedural cost is similar. Savings come primarily from benefits preserved (health insurance, retirement) rather than reduced legal fees.
Either spouse can file for divorce in Nevada; it’s a no-fault state. You cannot prevent a divorce, but you can influence its terms.
The right path depends on your specific circumstances—religious, financial, and personal. We’re happy to walk through the trade-offs before you decide.
Schedule a Consultation | Call (702) 710-2140
1 Meridian Vista Drive, Suite 255, Las Vegas, NV 89135 Monday–Friday, 8:30 AM – 5:30 PM
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