Las Vegas Legal Separation Lawyer

What Is Legal Separation Under Nevada Law?

Legal separation, called separate maintenance in Nevada’s statutes, is a court action that addresses the same core issues as a divorce — support, property division, and custody — without dissolving the marriage. Spouses remain legally married, which means neither party is free to remarry, but the court order carries the same enforceability as a divorce decree for the issues it covers.

Why Couples Choose Legal Separation Instead of Divorce

Separate maintenance isn’t right for every couple, but it offers a structured alternative for a variety of circumstances, including:

• Religious or personal beliefs— some couples do not wish to divorce for religious or personal reasons but still need a legal framework for living apart
• Preserving benefits— remaining married can protect shared health insurance coverage, military benefits, or other benefits tied to marital status
• Uncertainty about divorce— some couples use separation as a trial period before deciding whether to reconcile or proceed with divorce
• Residency timing— separate maintenance can address urgent support or custody needs while a party works toward meeting divorce residency requirements
• Tax considerations— remaining legally married can preserve the option to file taxes jointly, which isn’t available after a divorce is finalized

What a Legal Separation Order Can Address

A separate maintenance order can cover nearly everything a divorce decree covers. This includes dividing community property and debts, establishing spousal support, and setting a full child custody and parenting time schedule along with child support. The same legal standards Nevada courts use in divorce cases apply to these determinations in a separate maintenance action.

Property Division and Support

Even though the marriage continues, a Nevada court can divide community property, allocate debts, and order spousal support as part of a separate maintenance case. Cohen Fic & Squires works to ensure a fair division of assets and an appropriate support arrangement based on each spouse’s circumstances.

Child Custody and Support

Couples with children need clarity on custody and support regardless of whether they divorce or separate. A separate maintenance order can establish a full parenting plan and child support obligation using Nevada’s standard custody and support guidelines.

Converting a Legal Separation Into a Divorce

A legal separation does not have to be permanent. If either spouse later decides to pursue a divorce, the terms already established in the separate maintenance order — support amounts, custody arrangements, and property division — can often be carried into the divorce decree, avoiding the need to relitigate issues that are already resolved.

Why Choose Cohen Fic & Squires for Your Legal Separation

• Clear guidance on whether separate maintenance or divorce better fits your goals
• Experience negotiating support, custody, and property terms outside of a traditional divorce
• Coordination with tax and benefits considerations tied to remaining legally married
• A straightforward path to convert a separation into a divorce later, if needed
• Representation for clients throughout Las Vegas, Henderson, and Clark County

Frequently Asked Questions

What is the difference between legal separation and divorce in Nevada?

A legal separation, called separate maintenance under Nevada law, allows a court to decide support, property division, and custody while the couple remains legally married. A divorce ends the marriage entirely and allows either spouse to remarry, while separate maintenance leaves the marital status intact.

Why would someone choose legal separation instead of divorce?

Couples often choose separate maintenance for religious reasons, to preserve shared health insurance or military benefits, because they are unsure whether they want to divorce, or to meet residency requirements before filing for divorce elsewhere. It provides court-ordered structure without permanently ending the marriage.

Do I have to live in Nevada to file for legal separation?

Nevada’s separate maintenance statute does not require the same six week residency period that divorce does, though residency and jurisdiction requirements still apply. An attorney can confirm whether Nevada is the right venue based on where you and your spouse currently live.

Can a legal separation later be converted into a divorce?

Yes. Either spouse can file for divorce after a separate maintenance order is in place, and the court can often incorporate the existing support, custody, and property terms into the final divorce decree rather than starting over.

Does legal separation address child custody and support?

Yes. A Nevada separate maintenance action can include a full custody and parenting time arrangement along with a child support order, using the same legal standards that apply in a divorce case.

Will property be divided during a legal separation?

A court can order a division of community property and debts as part of a separate maintenance case, even though the marriage itself continues. This can include real estate, retirement accounts, and other jointly held assets.

Can we still file taxes jointly during a legal separation?

Because the marriage remains legally intact during separate maintenance, spouses generally retain the option to file taxes jointly, unlike after a divorce. A tax professional should be consulted to determine the best filing status for your specific situation.