In some instances it may be in the best interests of a married couple to separate rather than filing for divorce. Nevada’s separate maintenance laws allow for parties to maintain health insurance coverage and may help extend other benefits. Also, many people may wish to engage in a trial separation from their spouse and gaining a separate maintenance order can protect their financial interests.
Nevada separate maintenance attorney
Kari Molnar is a Las Vegas family law attorney dealing with separation. At your initial consultation, Kari will analyze your situation and help you decide if you should legally separate or file for divorce. Sometimes people wish to divorce but are unable to for health reasons; these are typically instances where a spouse has medical problems and is dependent on the other spouse’s health coverage. In many instances it is possible to maintain coverage through a decree of separate maintenance. If you wish to divorce, but feel you cannot do so due to health insurance reasons then rest assured that you have options.
Separate maintenance orders can protect the rights of Las Vegas residents
You may feel that it is not time to end your marriage. You may, however, be engaging in a “trial separation” from your spouse. Nevada’s community property laws can be harsh in this situation. Even though you and your spouse are not living together, you will be equally responsible for any debt your spouse incurs and your spouse will be equally entitled to any property you acquire. A separate maintenance order will allow you stay married but will also protect your interests in the unfortunate event that your trial separation ends in divorce.
A separate maintenance order provides many of the legal protections normally gained through divorce. Any property or debt acquired after the order will not be considered community property or debt. Also, the Court will put an arrangement in place regarding issues such as child custody, child support, child relocation, and spousal support. Gaining an order for separate maintenance results in a “status marriage” in which the Parties are married in title only. This can allow people to breathe easy in knowing that they will not be accountable for any irresponsible behavior from their spouse. You should not throw your marriage away if you believe it can be saved. At the same time, however, if you and your spouse are currently separated then you should protect your interests. Contact us online or at (702) 337-3071 to schedule your initial consultation.