If both my wife and I have retirement accounts, am I entitled to hers as much as she is to mine?

UPDATED: Oct 3, 2011

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If both my wife and I have retirement accounts, am I entitled to hers as much as she is to mine?

My wife left the relationship to start a new life as a lesbian 3 months ago. She tried to commit suicide backand was admitted for 72 hour observation. She is now under a psychiatrist care. She is working and I am unemployed receiving a small pension and unemployment which is about to expire; I’m supporting 2 teenage children. I’m sure she’ll be responsible for some child support but we may need my pension to live on. She claims she is still entitled to 1/2 my pension. Is that true or do the circumstances change due to her instability ?

Asked on October 3, 2011 under Family Law, Nevada


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation.  I know that there are many emotions that are running high here in this question but we need to stick to the issue of property distribution.  Nevada is a community property state. This means that with regard to Nevada divorce assets, each spouse has a ½ vested interest in the property of the other spouse that should be considered in dividing Nevada divorce assets or Nevada divorce property.  These are called marital assets. The money that was placed in a retirement account during the marriage - and arguably the interest or dividends it accrued depending on what investment was made - is a marital asset. The purpose of Nevada property division laws is to make sure that Nevada marital property is allocated equally to each spouse as Nevada divorce property, generally in a 50-50 split. If a 50-50 division would not be equitable, the courts may choose to divide the property in a more equitable fashion under Nevada Statute §125.150(1)(b).  I would seek legal help here.  Good luck.

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