Is Nevada a 50% / 50% no fault divorce state? A work comp case is getting ready to settle, should i file first?

We have been together almost 20 years, kids are all grown, I'm afraid he'll run off with the money. There is no estate, just our own cars and personal household stuff. He will just want to keep all the money or give me maybe 20%, is that legal? Terri Byers 775) 846-5332 terri423@yahoo.com

Sparks, NV -

Attorney Answers (3)

Emily M. McFarling

Emily M. McFarling

Divorce / Separation Lawyer - Las Vegas, NV
Answered

Generally personal injury settlements are separate property but there are some arguments to make it community. One would be if the settlement was for lost wages, you could theoretically make an argument that those wages would be community property.

Would be best to keep it seperate for now and then consult with an experienced family law attorney as soon as possible.

Melissa Leavister Exline

Melissa Leavister Exline

Family Law Attorney - Reno, NV
Answered

In Nevada, unlike other states, such as California, both of which are community property states, your divorce is not final until the Order comes down issuing a Decree of Divorce. That is when your estate is divided, in most cases. While Nevada is a community property state, which mandates and equal division of assets/debt, that is what most people call a 50/50 state and what I think you are referring to. As for a settlement, anything related to your loss as a "worker" is going to be considered a loss of community property (however, there is an argument for a physical injury that you must retain this as separate property, different from your lost wages). If you finalize a divorce now, via a Joint Petition agreement in advance, you would then likely be able to retain any recovery from workers' compensation that you get later (i.e. a PPD or other award, including lost wages), after a Decree issues.

Brian Elliott Arnold

Brian Elliott Arnold

Divorce / Separation Lawyer - Salt Lake City, UT
Answered

If the workers comp is to settle a injury that you have then you should keep it separate in a separate account and make the argument that it is to compensate you and is not part of your marriage.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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No-fault divorce

A no-fault divorce is one in which all that is needed to end the marriage is a claim, by either spouse, that the marriage has broken down.

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