System
Community Property
Statutory Split
50 / 50

What the Law Says

Nevada is one of 9 community property states — property acquired during the marriage belongs to both spouses. On divorce, the community estate is divided equally unless a specific exception applies. Property owned before the marriage, gifts, and inheritances generally stay with the original owner.

Nevada is a community property state with a statutory equal-division command: NRS 125.150(1)(b) requires the court, “to the extent practicable,” to make an equal disposition of the community property, and permits an unequal disposition only for a compelling reason that the court sets forth in writing. The statute also provides for reimbursement of separate-property contributions to certain jointly held property (NRS 125.150(2)), and NRS 125.165 shields a veteran's federal disability benefits from division.

Division Factors (Nev. Rev. Stat. §125.150)

What Nevada courts weigh:

  1. The court shall, to the extent practicable, make an equal disposition of the community property (NRS 125.150(1)(b))
  2. An unequal disposition requires a compelling reason, which the court must set forth in writing (NRS 125.150(1)(b))
  3. Separate-property contributions to property held in joint tenancy may be reimbursed, without interest or adjustment for appreciation (NRS 125.150(2))
  4. A veteran's federal disability benefits are protected from division as community property (NRS 125.165)

Common Questions

Nevada: community property or equitable distribution?

Community property. Under Nev. Rev. Stat. §125.150, property acquired during the marriage is community property, and the community estate is divided equally unless a statutory exception applies.

What factors does a Nevada court weigh?

The factors Nevada courts weigh include: The court shall, to the extent practicable, make an equal disposition of the community property (NRS 125.150(1)(b)); An unequal disposition requires a compelling reason, which the court must set forth in writing (NRS 125.150(1)(b)); Separate-property contributions to property held in joint tenancy may be reimbursed, without interest or adjustment for appreciation (NRS 125.150(2)). The full list, with its source (Nev. Rev. Stat. §125.150), is above.

Does Nevada split retirement accounts in a divorce?

Yes. 401(k)s and pensions earned during the marriage are community property. Dividing them usually requires a QDRO (Qualified Domestic Relations Order).

ClearSplit runs Nevada's community distribution rules on your actual assets and debts.

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Source: Nev. Rev. Stat. §125.150 AI draft · Full law library entry