How Nevada Divides Property in Divorce (2026)

Nevada is a community property state. Property acquired during the marriage belongs equally to both spouses — 50/50. This is fundamentally different from equitable distribution states where courts consider "fairness" factors.

Community Property — Equal Division (NRS 125.150)

Presumption: All property acquired during the marriage is community property — owned equally by both spouses.

Division: Community property is divided equally (50/50) unless the parties agree to a different split in a Marital Settlement Agreement. Nevada courts cannot award one spouse more than 50% of community property over the other's objection (with narrow exceptions).

Community property includes:

• All income earned by either spouse during the marriage
• Real estate purchased during the marriage
• Bank accounts funded with community income
• Retirement contributions made during the marriage
• Vehicles purchased during the marriage
• Business interests built during the marriage
• All debts incurred during the marriage (community debts)

Separate Property — Not Subject to Division

Separate property stays with its original owner:

• Property owned by either spouse before the marriage
• Gifts received by one spouse (even during the marriage)
• Inheritances received by one spouse (even during the marriage)
• Property purchased entirely with separate funds and kept separate
• Rents, issues, and profits of separate property

Commingling: If separate property is commingled with community property (e.g., depositing an inheritance into a joint account), it may lose its separate character. Trace the funds with documentation if possible.

The Marital Settlement Agreement — Controls in Agreed Divorces

For agreed divorces, the Marital Settlement Agreement (MSA) is where the division is decided. The MSA can:

• Deviate from the 50/50 presumption if both parties agree (e.g., one spouse gets 60% and the other 40%)
• Treat certain community property as separate
• Award one spouse specific assets in exchange for the other receiving offsetting assets

The MSA, once incorporated into the Decree of Divorce, is binding and enforceable.

Spousal Support — Discretionary, No Formula

Nevada courts have broad discretion to award spousal support (NRS 125.150(8)). There is no statutory formula.

Factors:

• Financial condition of each party
• Nature and value of property received in the divorce
• Contribution of each spouse to the marriage and career
• Length of the marriage
• Age, physical health, mental health
• Earning capacity and employment prospects
• Standard of living during the marriage
• Whether either spouse's earning was reduced due to the marriage (career sacrifices)

Types: Transitional (time-limited for training/education); permanent (long marriages with large income disparities); lump sum (one-time payment).

Retirement Accounts

• ERISA plans (401k, 403b, pension): QDRO required — drafted and submitted after Decree is entered
• Nevada PERS (Public Employees' Retirement System of Nevada): Contact PERS directly for specific domestic relations order procedures — standard QDRO language may not work for Nevada PERS
• IRAs: Transfer incident to divorce — no QDRO needed; specific Decree language required
• Marital portion: Contributions from date of marriage to date of separation (or date agreed in MSA)

Real Estate — Nevada County Recorder

Nevada uses County Recorders for deed recording.

1. Prepare a Grant Deed or Quitclaim Deed
2. Execute and notarize
3. Record at the County Recorder of the Nevada county where the property is located
4. Fee: approximately $15–$30 per page
5. Real Property Transfer Tax: Nevada imposes a transfer tax of $1.95 per $500 of value (Clark County adds $0.60 per $500). However, transfers incident to divorce are exempt from Nevada's real property transfer tax. Include the exemption citation on the deed and confirm with the County Recorder.

Last reviewed: March 2026 | Community property = 50/50 default | NRS 125.150 | Separate property protected | MSA can deviate from 50/50 by agreement | Spousal support — no formula | QDRO for employer plans | Nevada PERS — contact directly | County Recorder for deed recording | Transfer tax exemption for divorce deeds

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.