Question asked on Nov 26th, 2017
Q: I have been in pain management care for 20 years This has caused stern disagreement with my spouse of 32 years …. after 20 years of course there are dependence issues with my medications …. we were married in Ca and reside now in Reno Nevada for 18 years … we own 4 homes and have substantial income from tribal gaming per capital in my spouses name… the homes are in both names … my medication. Use has caused deep divisions between us and is now to the point where we are at an impass … my concern is because of this would I lose my right to marital assets in a divorce ?
A: Short answer: “no.” Nevada is a no-fault community property state with a presumption of equal division of property accrued during marriage in the absence of “compelling circumstances” (financial) for an alternate distribution. For detail, an explanation, and links to the relevant statutes, click here. That said, drug dependence can be a factor in child custody (if relevant) and although it should not appear in alimony/spousal support calculations, which are also supposed to be “no fault” (see here) it will probably come up anyway. There may be other peculiar aspects of the tribal connection to the assets, since certain other, special laws apply to tribal property. You really need an in-depth consultation with a qualified family law specialist to go over all aspects of your situation, and to map out your alternatives and options.