Legal Question in Family Law in Nevada

What is the definition of "separated" when it pertains to family law? My husband and I lived together as a couple for 14 years but only married a little over a year. We have lived apart for 3 months because he falsely filed a TPO against me and had me forcefully removed from our home when I found out he was having an affair. The TPO expires in 2 days and I would like to file a complaint for separate maintenance in the state of NV. In regards to retirement, life insurance, pensions etc. It's stated that any earnings acquired from date of marriage to date of "separation" is considered community property. Are we separated even if not legally?


Asked on 10/14/12, 7:02 pm

1 Answer from Attorneys

Marshal Willick Willick Law Group

You appear to be the same person who wrote the earlier question, the answer to which is posted below the row of dots.

As to your current question, you appear to be misinformed (if indeed you are in Nevada). Rules vary from State to State, but in Nevada, "separation" is irrelevant to community property accrual (see the property page of our website). Nevada does not have "legal separation," and a decree of separate maintenance MAY (but does not have to) turn earnings after the date of such a decree into the separate property of the person earning it. See http://willicklawgroup.com/separate-maintenance/.

The TPO, whether valid or bogus, is irrelevant to your ability to file for other relief. You really should consult with qualified counsel.

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The only answer that anyone can really give you is "maybe." There is a legal precedent in your situation for both asking for property division (including retirement benefits) as to all assets acquired during the years of cohabitation, and for requesting spousal support, but very little is "for sure" or guaranteed in such circumstances, in either direction. For information, see my articles on this subject, which are posted on the page of our firm website titled http://willicklawgroup.com/palimonycohabitation/. In any event, however, these cases very fact-specific. You need a full consultation with a family law specialist, and soon.

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Answered on 10/14/12, 7:11 pm


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