Question asked on Feb 21st, 2015

Q: My spouse is 65 and is going to retire soon, but, he is waiting to retire till divorce is final so that I cannot get any of his sick or vacation time. We live in a community property state and he works for the county. If the answer is no, I’m not entitled to it, can this be fought since it’s obvious he is stalling till the divorce is final.

A: There are a couple of different questions here.  As for your first question, in Nevada today, the answer is “maybe,” as the Nevada Supreme Court has never expressly ruled on the subject.  And there are cases on both sides of the question from around the country — but when we represent the non-employee spouse (the person in your position) we routinely request the value of those benefits, and routinely get them for our clients.

In the bigger picture, make sure you are not losing sight of what is usually much more valuable — the retirement benefits, including an Option selection that secures you a survivorship interest.  This is critical, and must be taken care of before the retirement.  You should consult with this office, or that of another family law specialist very well informed on retirement benefits issues, as soon as possible.

Marshal S. Willick
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