Nevada law law basically assumes that everything you earn or acquire during marriage belongs to both of you equally. That means your paycheck is half your spouse's. That rental property you buy with what you thought was your own savings during marriage? Might be half theirs. Even if you keep separate bank accounts (which many couples do), the money you earn during marriage is technically owned by both of you.
But it gets more interesting. Remember that business you started before marriage? If it grows in value during your marriage – maybe because you're working hard at it – your spouse could claim a piece of that growth in a divorce. The same goes for your retirement accounts, investment portfolios, or that house you bought before meeting them.
Think of it like this: Marriage in Nevada, without a prenup, is a bit like going into business with someone where everything earned gets split 50/50, regardless of who did what. Your spouse gets a share of your wins, but they also take on half your losses. Those student loans you take out during marriage? They could become partly your spouse's responsibility too.
Now, this might work perfectly fine for some couples. But for others – maybe you're bringing significant assets into the marriage, or you own a business, or you're expecting a large inheritance – these automatic sharing rules might not fit your situation.
That's where a prenup comes in, letting you write your own rules instead of defaulting to Nevada community property laws. A well-drafted prenup can keep your pre-marriage home yours, keep your business separate, and protect your retirement accounts.
Every couple's financial picture is unique, and understanding these laws is the first step in deciding whether a prenup makes sense for you.