Can someone explain if my father will lose half his assets in his divorce...?

Divorce Forum
1

My father is going through a divorce in Nevada and he’s really worried that after years of physical abuse from his wife, she might try to take half or even more of what little they have. He only gets payments through Social Security for disability and the VA for being a veteran. Is that legal? Anyone here know how this might go down?

2

Sorry to hear about your dad. From what I know, in Nevada, they usually split assets 50/50. But since they don’t have much together, it could be a simpler case.

3

Quinlan said:
Sorry to hear about your dad. From what I know, in Nevada, they usually split assets 50/50. But since they don’t have much together, it could be a simpler case.

That’s true, but do you think abuse could affect this? Like, could his wife get less because of the abuse even if there’s no police report?

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Quinlan said:
Sorry to hear about your dad. From what I know, in Nevada, they usually split assets 50/50. But since they don’t have much together, it could be a simpler case.

I don’t think abuse alone will change how assets are divided in NV. Courts usually don’t factor fault, but the witness statements could help in other parts of the case, like custody or restraining orders.

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@Quinlan
Okay, so if there’s no actual property to split, then the abuse might not have an impact on the financial side?

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Yeah, abuse could definitely impact custody arrangements, but when it comes to splitting stuff, it’s usually about what was accumulated during the marriage. If they didn’t have shared property, it could just be a matter of divorce proceedings for him.

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@Zaden
Got it, so the lack of shared property should make things a bit easier for him financially? But what about his wife asking for more just because they’re getting divorced?

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I believe if there’s no shared property or assets, then it could just come down to the payments your dad gets from Social Security and the VA. I think she can’t just take more than what’s legally set up unless there’s some kind of special provision.

9

Sorry to hear what’s happening with your dad. If you haven’t already, I’d recommend he talks to a family lawyer. Even though fault doesn’t really matter for assets in NV, the lawyer might help with ensuring he gets a fair deal considering the abuse.