Nevada
Legal Separation in Nevada: Separate Maintenance Rules (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 15 primary sources cited on this page. How we verify our legal content
Yes, through an action for separate maintenance. NRS 125.190 lets a spouse who has grounds for divorce, or who has been deserted for 90 days, sue in district court "for permanent support and maintenance" of themselves and their children "without applying for a divorce." The Nevada courts' self-help forms call this a separation or separate maintenance case.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers separate maintenance (legal separation) under Nevada law, mainly NRS 125.190 to 125.210, with related rules in NRS 123.080 and 123.220. It does not cover divorce procedure, how custody is decided (NRS chapter 125C) or other states' law. The full statute text is on the Nevada Legislature's NRS chapter 125 page. For divorce, see Nevada divorce laws.
What legal separation is called in Nevada
NRS 125.190, the section that creates the action, does not use the words "legal separation." It provides for support and maintenance between spouses who are not divorcing:
"When a person has any cause of action for divorce or when a person has been deserted and the desertion has continued for 90 days, the person may, without applying for a divorce, maintain in the district court an action against his or her spouse for permanent support and maintenance of himself or herself and their children."
The Nevada Self-Help Center's separation forms page uses the names people search for: a Complaint for Separation, a Joint Petition for Separate Maintenance and a Decree of Separation or Separate Maintenance Decree. Because the action is brought without applying for a divorce, a separate maintenance decree does not end the marriage.
Who can file for separate maintenance
NRS 125.190 gives two routes:
- Any cause of action for divorce. Nevada's divorce grounds in NRS 125.010 are insanity existing for 2 years before the action, living separate and apart for 1 year without cohabitation, and incompatibility.
- Desertion for 90 days. A spouse who has been deserted, where the desertion has continued for 90 days, may sue for support and maintenance.
Residency
NRS 125.190 to 125.210 do not themselves state a residency period, but NRS 125.250 provides that separate maintenance proceedings and practice must be the same, as nearly as may be, as those in actions for divorce. The Nevada Self-Help Center's Complaint for Separate Maintenance asks which spouse has been a Nevada resident for at least six weeks before filing (NRS 125.020 sets the six-week rule for divorce). Under NRS 125.250, the case may be filed in the county where either spouse lives when the case starts or in the county where the other spouse may be found.
What the court can order
Under NRS 125.210, in a separate maintenance action the court may:
- Assign and decree to either spouse the possession of any real or personal property of the other spouse.
- Order or decree the payment of a fixed sum of money for the support of the other spouse and their children.
- Provide that payment be secured on real estate or other security, and set the time and manner of payment.
The court may change, modify or revoke its orders, although installment judgments for support can be modified only as to installments not yet accrued when a motion to modify is filed (NRS 125.270). Two limits are written into the section: "No order or decree is effective beyond the joint lives of the spouses," and the court cannot assign possession of property or order spousal support if doing so would be contrary to an enforceable premarital agreement under NRS chapter 123A.
Orders while the case is pending
Under NRS 125.200, "during the pendency of an action brought pursuant to NRS 125.190, the court may, in its discretion, require either spouse to pay any money necessary for the prosecution of the action and for the support and maintenance of the other spouse and their children." The same premarital-agreement limit applies. The court may also enjoin either spouse from disposing of any property while the case is pending, and the complaining spouse may record a notice of the pending action in any county where the other spouse may have real property (NRS 125.220).
Children
The self-help center's separation forms come in "No Kids" and "With Kids" versions, so a case involving children addresses them. NRS 125.230 lets the court in a separate maintenance action make preliminary and final orders for the custody, control and support of the spouses' minor children, and NRS 125.007 requires the court to provide for the care and support of minor children residing in Nevada before granting separate maintenance. This page does not cover how custody is decided under NRS chapter 125C. See Nevada child custody laws and Nevada child support laws.
For how spousal support is set, see Nevada alimony laws.
Property during a separation
NRS 125.210 is written in terms of possession and support. That differs from divorce, where NRS 125.150 provides for an equal disposition of community property unless the court finds a compelling reason otherwise.
A separate maintenance decree can still affect property rights. NRS 123.220 makes property acquired after marriage community property "unless otherwise provided by" several things, including "A decree of separate maintenance issued by a court of competent jurisdiction." This page does not cover how a particular decree changes the character of property acquired after it; a lawyer licensed in Nevada can advise on that.
Separation agreements without a court case
Spouses can also agree to separate. NRS 123.080(1) provides that spouses cannot by contract alter their legal relations, except as to property, "and except that they may agree to an immediate separation and may make provision for the support of either of them and of their children during such separation." This page does not cover the formal requirements for such an agreement or how a court treats one.
Going from separation to divorce
The statutes cited on this page do not set a procedure for converting a separate maintenance decree into a divorce decree. Living separate and apart for 1 year without cohabitation is itself a divorce ground under NRS 125.010(2), and Nevada's summary divorce procedure in NRS 125.181 is available only when all of its conditions are met, including that the spouses have lived separate and apart for 1 year without cohabitation or are incompatible and have settled children, property and spousal support by agreement or waiver. A spouse who wants a divorce after a separation files for divorce; see Nevada divorce laws.
This page does not cover inheritance rights or other effects at death for spouses under a separate maintenance decree.
Forms and where to start
The Nevada Self-Help Center's separation forms page offers:
- Together (joint): Joint Petition for Separate Maintenance (No Children and With Children) and a Joint Petition Separate Maintenance Decree.
- One spouse filing: Complaint for Separation (No Kids and With Kids), Decree of Separation (No Kids and With Kids), Affidavit of Resident Witness and Request for Submission.
- Responding: Answer, Answer and Counterclaim, and Reply to Counterclaim.
The case is filed in the district court (NRS 125.190).
Disclaimer: This article provides general legal information about separate maintenance under Nevada law, mainly NRS 125.190 to 125.210. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in Nevada or the Nevada Self-Help Center.
Related
- Legal separation laws in every state
- Nevada divorce laws
- Nevada alimony laws
- Nevada child custody laws
- Nevada child support laws
Last updated: 2026-10-08.
Frequently Asked Questions
Does Nevada have legal separation?
Yes, as separate maintenance. NRS 125.190 lets a spouse sue in district court for permanent support and maintenance without applying for a divorce, and the Nevada Self-Help Center publishes separation and separate maintenance forms.
What are the grounds for separate maintenance in Nevada?
Under NRS 125.190, a spouse may file if he or she has any cause of action for divorce under NRS 125.010 (insanity for 2 years, living separate and apart for 1 year, or incompatibility) or has been deserted for 90 days.
Can a Nevada separate maintenance order divide property?
NRS 125.210 lets the court assign either spouse possession of the other's real or personal property and order support. NRS 123.220(2) also says a decree of separate maintenance can affect whether property acquired after marriage is community property.
How long does separate maintenance last in Nevada?
The court may change, modify or revoke its orders, and under NRS 125.210 no order or decree is effective beyond the joint lives of the spouses.
Can a prenup limit separate maintenance in Nevada?
Yes. NRS 125.200 and 125.210 bar the court from assigning possession of property or ordering spousal support contrary to an enforceable premarital agreement under NRS chapter 123A.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Nevada Revised Statutes, Chapter 125: DISSOLUTION OF MARRIAGE
§ 125.190Action by spouse for permanent support and maintenance.In force
When a person has any cause of action for divorce or when a person has been deserted and the desertion has continued for 90 days, the person may, without applying for a divorce, maintain in the district court an action against his or her spouse for permanent support and maintenance of himself or herself and their children.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 125.210Powers of court respecting property and support of spouse and children.In force
1. Except as otherwise provided in subsection 2, in any action brought pursuant to NRS 125.190, the court may: (a) Assign and decree to either spouse the possession of any real or personal property of the other spouse; (b) Order or decree the payment of a fixed sum of money for the support of the other spouse and their children; (c) Provide that the payment of that money be secured upon real estate or other security, or make any other suitable provision; and (d) Determine the time and manner in which the payments must be made. 2. The court may not: (a) Assign and decree to either spouse the possession of any real or personal property of the other spouse; or (b) Order or decree the payment of a fixed sum of money for the support of the other spouse, Ê if it is contrary to a premarital agreement between the spouses which is enforceable pursuant to chapter 123A of NRS.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 125.200Power of court to require spouse to pay expenses of litigation and support.In force
1. Except as otherwise provided in subsection 2, during the pendency of an action brought pursuant to NRS 125.190, the court may, in its discretion, require either spouse to pay any money necessary for the prosecution of the action and for the support and maintenance of the other spouse and their children. 2. The court may not require either spouse to pay for the support or maintenance of the other spouse if it is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 125.010Causes for divorce.In forcecited in 3 of our articles
Divorce from the bonds of matrimony may be obtained for any of the following causes: 1. Insanity existing for 2 years prior to the commencement of the action. Upon this cause of action the court, before granting a divorce, shall require corroborative evidence of the insanity of the defendant at that time, and a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant, and the court may require the plaintiff in such action to give bond therefor in an amount to be fixed by the court. 2. When the spouses have lived separate and apart for 1 year without cohabitation the court may, in its discretion, grant an absolute decree of divorce at the suit of either party. 3. Incompatibility.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at leg.state.nv.us
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- Sutherland v. Sutherland (Nevada Supreme Court 1959, 75 Nev. 304)“…nd apart for three consecutive years without cohabitation. (NRS 125.010; sec. 9.) The appellant and resp…”
- Moser v. Moser (Nevada Supreme Court 1992, 108 Nev. 572)“…ore send the case back to the district court for a trial. NRS 125.010 requires, in cases like this, that the…”
- Gojack v. Second Judicial District Court (Nevada Supreme Court 1979, 95 Nev. 443)“…mplaint for divorce alleging incompatibility as the ground, NRS 125.010(3), and requesting that the community p…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nevada Divorce Laws (2026): Grounds, Residency, and Process
Nevada Revised Statutes, Chapter 123: RIGHTS OF MARRIED COUPLES
§ 123.220Community property defined.In forcecited in 3 of our articles
All property, other than that stated in NRS 123.130, acquired after marriage by either spouse or both spouses, is community property unless otherwise provided by: 1. An agreement in writing between the spouses. 2. A decree of separate maintenance issued by a court of competent jurisdiction. 3. NRS 123.190. 4. A decree issued or agreement in writing entered pursuant to NRS 123.259.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Cited in 46 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Cirac v. Lander County (Nevada Supreme Court 1979, 95 Nev. 723)“…existing and equal interest in said property” according to NRS 123.220, 123.225 and that the property is commu…”
- Western States Construction, Inc. v. Michoff (Nevada Supreme Court 1992, 108 Nev. 931)“…atute which arises after a couple is legally married. See NRS 123.220. Yet unmarried couples are not preclude…”
- Peters v. Peters (Nevada Supreme Court 1976, 92 Nev. 687)“…ired after marriage is considered to be community property, NRS 123.220, 1 and that presumption ca…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Nevada: Is It Recognized? (2026), Nevada Alimony Laws: How Spousal Support Works (2026)
§ 123.080Contract altering legal relations: Separation agreement; consideration; introduction in evidence in divorce action.In force
1. A married couple cannot by any contract with each other alter their legal relations except as to property, and except that they may agree to an immediate separation and may make provision for the support of either of them and of their children during such separation. 2. The mutual consent of the parties is a sufficient consideration for such an agreement as is mentioned in subsection 1. 3. In the event that a suit for divorce is pending or immediately contemplated by one of the spouses against the other, the validity of such agreement shall not be affected by a provision therein that the agreement is made for the purpose of removing the subject matter thereof from the field of litigation, and that in the event of a divorce being granted to either party, the agreement shall become effective and not otherwise.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
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Sources and References
- NRS 125.190, Action for permanent support and maintenance (Nevada Revised Statutes chapter 125)(www.leg.state.nv.us).gov
- Nevada Self-Help Center: Legal Separation Forms(selfhelp.nvcourts.gov).gov
- NRS 125.010, Causes for divorce(www.leg.state.nv.us).gov
- NRS 125.020, Residence requirement for divorce(www.leg.state.nv.us).gov
- NRS 125.250, Procedure and practice as in actions for divorce; venue(www.leg.state.nv.us).gov
- Nevada Self-Help Center: Complaint for Separate Maintenance (No Children)(selfhelp.nvcourts.gov).gov
- NRS 125.210, Orders in action for support and maintenance(www.leg.state.nv.us).gov
- NRS 125.200, Orders during pendency of action(www.leg.state.nv.us).gov
- NRS 125.220, Lis pendens; injunction against disposing of property(www.leg.state.nv.us).gov
- NRS 125.230, Orders concerning custody, control and support of minor children(www.leg.state.nv.us).gov
- NRS 125.007, Provision for children required before granting separate maintenance(www.leg.state.nv.us).gov
- NRS 125.270, Modification of support installments(www.leg.state.nv.us).gov
- NRS 123.220, Community property(www.leg.state.nv.us).gov
- NRS 123.080, Contracts altering legal relations; separation agreements(www.leg.state.nv.us).gov
- NRS 125.181, Summary proceeding for divorce: conditions(www.leg.state.nv.us).gov