Why Would I Want Separate Maintenance?


Each state has different laws regarding a legal separation; some states allow it while other states do not have the option. Can you get legally separated in Nevada and if you can, why would you want to consider it? Nevada does have what is called “separate maintenance,” which sounds like a type of alimony but it’s actually Nevada’s form of legal separation.

Sometimes, a couple is not ready for divorce or they don’t want a divorce so they separate instead. Why do people choose separate maintenance over a divorce? The common reasons why married couples choose separate maintenance over a divorce include:

  1. They have religious objections to divorce
  2. They are not ready to go through a divorce
  3. They want to wait until their children are older
  4. They want to separate for a while then decide if they want to divorce
  5. They want one spouse to keep their medical benefits

Effects of Separate Maintenance in Nevada

As Nevada’s form of legal separation, separate maintenance allows a couple to address the same issues as in a divorce without actually getting divorced. So, the biggest difference between separate maintenance and a divorce is the parties cannot remarry. In order for them to remarry, they would have to get divorced.

At the end of a separate maintenance case, the spouses will have child custody orders, support orders (where applicable), and their assets and debts will be divided. However, legally, they’ll still be married. If the couple gets separated, they can still ask for a divorce down the road but they’ll probably need to file a new divorce case if that occurs.

Separation can be a long-term solution if you think the marriage could be saved. For some couples, divorce is not an option. Whether you are opposed to the dissolution of your marriage for religious or personal reasons, remaining legally separated allows you to maintain your married status while still gaining space from the relationship,” Shawn Leamon wrote for divorceandyourmoney.com.

To learn more about separate maintenance in Nevada and to find out if it’s right for you, contact Ford & Friedman at (702) 904-9898.

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