Cohabitation In Nevada

Not everyone wants to get married. Many people these days are perfectly content living together without being legally married. Nevada couples have sought to clarify the status of their relationships by executing what are called “cohabitation agreements”. While lacking the strength of statutorily recognized contracts like a prenuptial agreement, they are potentially valid contracts that seek to set out each party’s obligations and benefits during and after a cohabitating relationship. If you are in this situation, it may be a good idea for you and your partner to look into a cohabitation agreement as well, to determine your legal rights and obligations in a relationship.

Property Distribution May Be Similar After A Breakup

Nevada is one of nine states in the U.S. that still use the community property system for distribution of assets when a couple divorces. This means that all of a married couple’s assets and debts are divided evenly, or as close to evenly as is equitable, upon that couple’s divorce. This also applies even if the assets might be only in one spouse’s name but used by both, or paid for with funds earned during the marriage but used by only one spouse. Anything that can be traced back to the marriage itself is generally considered community property, rather than separate. This system holds for all married couples, unless a prenuptial agreement has been executed which sets forth a different distribution scheme.

One might assume that the property division when a cohabiting couple breaks up could in theory, be anything they desired, given they are not legally married, and in many cases that is true. However, in Nevada, cohabiting couples who have held property as if they were a “married couple” may have their property divided as if it were community property, depending on the Court’s decision of the specific terms of the parties’ relationship.

Cohabitation May Affect Alimony

One issue to keep in mind if a person who is receiving alimony chooses cohabitation is that in some cases, it can adversely affect their right to continue to collect alimony. If someone is cohabitating with another person, and that person is supporting them financially, (or even assisting in smaller ways with finances) it may be argued that alimony is no longer necessary due to the economic benefit they are receiving from their cohabitant. If you are unsure about your specific relationship, it is generally best to consult a family attorney.

Seek Experienced Legal Assistance Today

Cohabitation agreements are a somewhat unsettled field of law, and having an attorney on your side can help clear up a lot of questions. The Las Vegas cohabitation attorneys at the Kainen Law Group are happy to try and assist you with your case. Contact our office today to schedule an initial consultation.

Resource:

leg.state.nv.us/NRS/NRS-123.html#NRS123Sec220

https://www.kainenlawgroup.com/changing-your-will-post-divorce/