Yes — though the statutes never use the phrase “legal separation.” Nevada’s version is an action for separate maintenance, found under that exact heading in NRS 125.190 through 125.280. Under NRS 125.190, a spouse who has any cause of action for divorce, or who has been deserted for 90 days, may — “without applying for a divorce” — sue in district court for permanent support and maintenance for that spouse and the couple’s children. The court can divide property, order support, and decide custody, but at the end of the case the parties are still legally married.
What is a separate maintenance action?
NRS 125.190 sets two alternative gateways. A spouse may bring the action if:
- the spouse “has any cause of action for divorce” — and since incompatibility is a divorce ground in Nevada, as explained in Is Nevada a no-fault divorce state?, this gateway is broad; or
- the spouse has been deserted, and the desertion has continued for 90 days.
Either way, the relief the statute describes is “permanent support and maintenance” of the suing spouse and the couple’s children — a court-ordered financial arrangement that exists alongside a marriage that continues.
The Clark County Family Law Self-Help Center describes the practical effect the same way: a separate maintenance case “addresses all the same issues involved in a divorce, except the parties do not actually get divorced.” At the end, there are final custody orders, support orders, and a division of property and debts — and a marriage that still exists.
What can the court order in a separate maintenance case?
The powers are substantial and look a lot like divorce powers:
- Property. Under NRS 125.210, the court may assign either spouse possession of the other spouse’s real or personal property, and may secure support payments against real estate or other security.
- Support. The same section lets the court order payment of a fixed sum for the support of the other spouse and their children, and set the time and manner of payment. While the case is pending, NRS 125.200 lets the court order either spouse to pay the litigation costs and temporary support.
- Children. NRS 125.230 authorizes preliminary and final orders for the custody, control and support of the couple’s minor children — the same best-interest custody standards described in how child custody works in Nevada live in NRS Chapter 125C.
- Freezing assets. Under NRS 125.220, the suing spouse may record a lis pendens against the other spouse’s real property, and the court may enjoin either spouse from disposing of property during the case.
- Enforcement. NRS 125.240 backs the judgment with remedies including a receiver, security, execution against property, and contempt of court.
Both NRS 125.200 and NRS 125.210 contain the same caveat: the court may not order spousal support (or assign property) contrary to a premarital agreement that is enforceable under NRS Chapter 123A.
How is separate maintenance different from divorce?
The single legal difference drives everything else: the marriage does not end. Neither spouse can remarry, because each still has a living spouse. There is no divorce decree, so nothing restores a former name under the divorce statutes, and the parties remain each other’s legal spouses for purposes that turn on marital status.
One property consequence is written directly into the community property statute: NRS 123.220 defines community property as property acquired after marriage unless otherwise provided by — among other things — “a decree of separate maintenance issued by a court of competent jurisdiction.” In other words, a separate maintenance decree is one of the recognized cut-off points for building new community property, even though the marriage continues. How the community estate works generally is covered in how property is divided in a Nevada divorce.
Procedurally, the two cases run on the same rails. NRS 125.250 provides that proceedings and practice in separate maintenance actions “must be the same, as nearly as may be,” as in divorce actions, and sets venue in the county where either party resides or where the defendant spouse may be found. One notable difference in the statutory text: the six-week Nevada residency requirement in NRS 125.020 is written for divorce actions, and the separate maintenance sections do not repeat it.
Why do people choose separation over divorce?
The statute does not ask for a reason — but the Family Law Self-Help Center lists the common ones: religious objections to divorce, not being ready to divorce, and preserving medical benefits. These are practical rather than legal considerations. On insurance in particular, whether a spouse’s health coverage continues during a separation is controlled by the plan’s own terms, not by anything in NRS Chapter 125 — some plans treat a separate maintenance decree differently than a divorce decree, and some do not.
Nevada law does not create any registry, certificate, or automatic “separated” status. Spouses who simply move apart remain married with unchanged property and support rights; only a court order (or the spouses’ own written agreement) changes the legal arrangement. Separate maintenance is the court process that produces such an order without a divorce.
Does a separation prevent a later divorce?
No. A separate maintenance decree leaves the marriage intact, and either spouse remains free to file for divorce afterward — the Self-Help Center notes that a new divorce case may need to be filed. The grounds, residency rules, and procedures for that step are covered in how to file for divorce in Nevada and the full guide to divorce in Nevada.
Can separate maintenance orders be changed or enforced later?
Yes. Under NRS 125.210, the court may “change, modify or revoke its orders and decrees from time to time” (subject to Nevada’s interstate support law, NRS Chapter 130), though no separate maintenance order remains effective beyond the joint lives of the spouses. For installment support judgments, NRS 125.270 draws a hard line: installments that have already come due cannot be modified — only installments not yet accrued when a modification motion is filed. If payments fall into arrears, NRS 125.280 lets the court enter judgment for the unpaid amount plus limited costs and an attorney’s fee, enforceable like any money judgment.
Official, free separate maintenance forms for Clark County are published by the Family Law Self-Help Center; other counties’ district courts and the Nevada Supreme Court’s statewide self-help center cover the rest of the state — the same official sources described in where to get Nevada divorce forms.