Case library
Nevada family-law decisions, briefed for practice.
Practitioner summaries with key holdings, posture, disposition, and the statutes cited - up front, where you need them. Every summary links to the full opinion.
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127 results for “NRS 125.150(1)”
ALLEN VS. ALLEN
Dec 18, 202424-48725 · 88401-COA · Nevada (SCOTN/COA)
Affirmed.The Court of Appeals reviewed the district court's decisions in the divorce proceeding, including the property division, alimony, and NRCP 60(b) rulings, for an abuse of discretion. See Williams v. Williams, 120 Nev.…
CAMPBELL VS. CAMPBELL (DIVORCE PROPERTY & ALIMONY)
Aug 27, 1985101 Nev. 380, 705 P.2d 154 (1985) · 15546 · Nevada Supreme Court
Reversed in part and remanded; affirmed in part. The court reversed the portion of the order dividing the house 60/40 in the wife's favor and remanded so the district court could reconsider the travel-agency division, affirming the decree in all other respects.Per Curiam. On appeal and cross-appeal from a divorce decree, the court addressed the characterization and division of marital assets. It held that under NRS 125.150(1)(b)(2), a district court may equitably (unequally)…
SOTELO VS. SOTELO (CHILD CUSTODY)
Sep 30, 202525-42702 · 88638-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.**Standard of review.** The court reviewed the district court's alimony and community property determinations for abuse of discretion, citing Kivazi v. Etvazi, 139 Nev. 408, 411, 537 P.3d 476, 482 (Ct. App. 2023).…
KERLEY VS. KERLEY (DIVORCE PROPERTY & ALIMONY)
Apr 27, 1995111 Nev. 462, 893 P.2d 358 (1995) · 23220, 23506 · Nevada Supreme Court
Affirmed in part and reversed in part; the apportionment of the Verde Way property was reversed and remanded, and the award of rehabilitative alimony was affirmed. (Subsequently modified on rehearing, 112 Nev. 36, 910 P.2d 279 (1996).)Per Curiam. In these consolidated divorce appeals, the court reversed the apportionment of the parties' real property and affirmed the award of rehabilitative alimony. Malmquist apportionment. Reviewing divorce…
GOLDSTEIN VS. GOLDSTEIN
Dec 2, 202525-52569 · 88541-COA · Nevada (SCOTN/COA)
ORDER the judgment of the district court AFFIRMED.The Court of Appeals reviewed the attorney fee award for abuse of discretion. Logan v. Abe, 131 Nev. 260, 266, 350 P.3d 1139, 1143 (2015). An abuse of discretion "can occur when the district court bases its decision on…
GABROY VS. GABROY
Nov 20, 202424-44253 · 87387-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")**Standard of review — community property.** The court reviewed the district court's disposition of community property for abuse of discretion, citing Kogod v. Cioffi-Kogod, 135 Nev. 64, 75, 439 P.3d 397, 406 (2019).…
PHILLIPS VS. PHILLIPS (CHILD CUSTODY)
Apr 29, 202222-13646 · 82414 · Nevada (SCOTN/COA)
Affirmed.**Standard of review.** The court reviewed the child custody order for abuse of discretion, leaving factual findings undisturbed if supported by substantial evidence. Wallace v. Wallace, 112 Nev. 1015, 1019, 922 P.2d…
WILLIAMS VS. WILLIAMS (CHILD CUSTODY)
Aug 19, 202222-25929 · 83263-COA · Nevada (SCOTN/COA)
Affirmed in part, vacated in part, and remanded.**Custody (three boys).** The court reviewed the custody determination for a clear abuse of discretion, citing Rico v. Rodriguez, 121 Nev. 695, 701, 120 P.3d 812, 816 (2005). It recognized the rebuttable presumption…
FOLLETT VS. FOLLETT (FAMILY)
Apr 14, 202626-17096 · 90905-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the district court's divorce-related decisions for an abuse of discretion, citing Williams v. Williams, 120 Nev. 559, 566, 97 P.3d 1124, 1129 (2004), and Davitian-Kostanian v. Kostanian,…
ORTIZ VS. ORTIZ (CHILD CUSTODY)
Sep 3, 202525-38518 · 89440-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.The Court of Appeals reviewed the district court's community property determinations for an abuse of discretion, citing Eivazi v. Eivazi, 139 Nev. 408, 411, 537 P.3d 476, 482 (Ct. App. 2023). Property characterizations…
PHILLIPS VS. PHILLIPS
Apr 29, 202222-13647 · 82693 · Nevada (SCOTN/COA)
Affirmed.The court reviewed the custody order for abuse of discretion under Wallace v. Wallace, 112 Nev. 1015, 1019, 922 P.2d 541, 543 (1996), and reviewed factual findings for substantial evidence under Ellis v. Carucci, 123…
PAUL VS. PAUL (FAMILY)
Jun 30, 202689845-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, appeal dismissed in part without prejudice, and remanded.The Court of Appeals reviewed the district court's characterization of property under the substantial evidence standard. Waldman v. Maini, 124 Nev. 1121, 1128, 195 P.3d 850, 855 (2008). Under NRS 123.220, property…
Ogawa v. Ogawa
Nov 12, 2009125 Nev. 660, 221 P.3d 699 (2009) · 48571 · Nevada Supreme Court
Reversed and remanded with instructions.Standard of review. Subject matter jurisdiction is a question of law reviewed de novo. See Gosserand v. Gosserand, 230 S.W.3d 628, 631 (Mo. Ct. App. 2007); Harshberger v. Harshberger, 724 N.W.2d 148, 154 (N.D. 2006);…
MCINNIS VS. MCINNIS (CHILD SUPPORT)
Aug 9, 197894 Nev. 532, 582 P.2d 802 (1978) · 9911 · Nevada Supreme Court
Affirmed. ("the order denying Appellant's motion to modify the judgment and decree of divorce by increasing the child support payments must be affirmed. . . . we affirm.")The court affirmed the denial of a mother's motion to increase child support. Jurisdiction to modify rested on NRS 125.140(2) (Cavell v. Cavell), and review is for abuse of discretion (Edwards v. Edwards). Applying the…
BUCHANAN VS. BUCHANAN (DIVORCE PROPERTY & ALIMONY)
Jun 5, 197490 Nev. 209, 523 P.2d 1 (1974) · 7306 · Nevada Supreme Court
Affirmed.Applying the abuse-of-discretion standard, the court affirmed a divorce decree's child support award and its denial of alimony. Child support under NRS 125.140(1) turns on the child's reasonable needs and the father's…
GHIBAUDO VS. KELLOGG-GHIBAUDO
Apr 21, 202222-12648 · 82248-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")Standard of review: The Court of Appeals reviews decisions in divorce proceedings, including spousal support awards, for an abuse of discretion, citing Williams v. Williams, 120 Nev. 559, 566, 97 P.3d 1124, 1129 (2004),…
DAVIDSON VS. DAVIDSON
Sep 29, 2016132 Nev. Adv. Op. 71 (2016) · 67698 · Nevada Supreme Court
Affirmed.Standard of review: Questions of statutory construction are reviewed de novo. I. Cox Constr. Co. v. CH2 Invs., LLC, 129 Nev. 139, 142, 296 P.3d 1202, 1203 (2013). Appellate jurisdiction: The Court first held that the…
PATTERSON VS. PATTERSON
Apr 12, 202424-12779 · 84932-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")This is an appeal from the denial of an NRCP 60(b) motion to set aside a stipulated divorce decree. The Court of Appeals reviewed the district court's ruling for abuse of discretion, noting that it "will not disturb the…
STOJANOVICH VS. STOJANOVICH (DIVORCE PROPERTY & ALIMONY)
Nov 25, 197086 Nev. 789, 476 P.2d 950 (1970) · 6141 · Nevada Supreme Court
Reversed and remanded for reconsideration of the property division.The only issues concerned the district court's disposition of property. Petor did not contest the characterization of the home as community property, challenging only its award. The court held the trial judge abused his…
SASSLER VS. SASSLER
Jun 17, 202424-21011 · 87017-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the district court's alimony and property rulings for abuse of discretion, noting that decisions in divorce proceedings will not be disturbed if supported by substantial evidence — "that…
HEIM VS. HEIM (DIVORCE PROPERTY & ALIMONY)
Oct 28, 1988104 Nev. 605, 763 P.2d 678 (1988) · 18240 · Nevada Supreme Court
Reversed and remanded for a new trial on the issue of alimony; cross-appeal dismissed. (Springer, J.; Gunderson, C.J., Steffen, Young, and Mowbray, JJ., concurring.)The court reversed a $500-per-month alimony award as an abuse of discretion, holding it was not, as a matter of law, 'just and equitable' under NRS 125.150(1) following a 35-year marriage. An appellate court will…
MCNABNEY VS. MCNABNEY (DIVORCE PROPERTY & ALIMONY)
Nov 27, 1989105 Nev. 652, 782 P.2d 1291 (1989) · 17755 · Nevada Supreme Court
Affirmed; cross-appeal dismissed. (Springer, J.; Mowbray, J., and Gunderson, Sr. J., concurring.)The court affirmed an unequal (80/20) division of a single item of community property - a contingent legal fee paid as an annuity - clarifying the governing standard under NRS 125.150(1). The dispositive question was…
MARQUART VS. MARQUART (FAMILY)
Mar 30, 202626-14556 · 90708-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")Standard of review: The Court of Appeals reviews district court alimony decisions for an abuse of discretion, citing Davitian-Kostanian v. Kostanian, 139 Nev. 247, 252, 534 P.3d 700, 705 (2023), and will "not disturb…
FASSARI VS. FASSARI (FAMILY)
Oct 23, 202525-46389 · 90183-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.**Standard of review.** The court reviewed the district court's determination of personal jurisdiction de novo, citing Fulbright & Jaworski LLP v. Eighth Jud. Dist. Ct., 131 Nev. 30, 35, 342 P.3d 997, 1001 (2015). It…
HILDAHL VS. HILDAHL (CHILD SUPPORT)
Oct 15, 197995 Nev. 657, 601 P.2d 58 (1979) · 10220 · Nevada Supreme Court
Affirmed. ("Affirmed.")The court affirmed a judgment for support arrearages and a contempt order against a father who unilaterally reduced fixed monthly support-and-maintenance payments when a child came to live with him. Accrued alimony and…
FREEMAN VS. FREEMAN (DIVORCE PROPERTY & ALIMONY)
Jan 30, 196379 Nev. 33, 378 P.2d 264 (1963) · 4496 · Nevada Supreme Court
Affirmed.McNamee, J. Permanent alimony is wholly a creature of statute; there is no common-law power to grant it. Contrary to the appellant's contention, a Nevada court is not compelled to award alimony to a wife merely because…
TAVARES VS. TAVARES
Mar 4, 202626-10136 · 88218-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the district court's denial of an NRCP 60 motion to set aside for abuse of discretion, citing Cook v. Cook, 112 Nev. 179, 181-82, 912 P.2d 264, 265 (1996). It first established the…
KRICK VS. KRICK (DIVORCE PROPERTY & ALIMONY)
Jan 29, 196076 Nev. 52, 348 P.2d 752 (1960) · 4225 · Nevada Supreme Court
Affirmed with costs to respondent.By the Court, Pike, J. On the husband's appeal from denial of his NRCP 60(b)(4) motion to enter satisfaction of judgment, the court affirmed. The 1946 decree incorporated a property settlement providing $750 monthly…
ZAHRINGER VS. ZAHRINGER (DIVORCE PROPERTY & ALIMONY)
Jan 12, 196076 Nev. 21, 348 P.2d 161 (1960) · 4212 · Nevada Supreme Court
Affirmed with costs to respondent. ("Judgment affirmed, with costs to respondent.")By the Court, Pike, J. On the wife's appeal from the portion of a divorce decree awarding certain Firestone stock to the husband as separate property, the court affirmed. Property acquired during coverture is presumed…
LEEMING VS. LEEMING (CHILD SUPPORT)
Nov 15, 197187 Nev. 530, 490 P.2d 342 (1971) · 6491 · Nevada Supreme Court
Affirmed; appellant ordered to pay respondent an additional $1,000 for counsel's services on appeal.The court affirmed the district court's refusal to apply NRCP 68 to post-judgment proceedings in a divorce matter. Following the divorce, the respondent moved under NRS 125.140(2) to increase child support and, on…
FORREST VS. FORREST (DIVORCE PROPERTY & ALIMONY)
Aug 31, 198399 Nev. 602, 668 P.2d 275 (1983) · Nevada Supreme Court
Reversed the order denying the motion to amend judgment and remanded for further proceedings, including reconsideration of the character of the residence, consideration of alimony under the governing standards, division of the mobile home as community property, and the taking of further evidence regarding retirement benefits.Per Curiam. All property acquired after marriage is presumed community property, rebuttable only by clear and convincing evidence, NRS 123.220; Cord v. Cord, 98 Nev. 210, 644 P.2d 1026 (1982). A valid deed showing title…
LUCINI VS. LUCINI (DIVORCE PROPERTY & ALIMONY)
Apr 10, 198197 Nev. 213, 626 P.2d 269 (1981) · 11059 · Nevada Supreme Court
Affirmed. ("We affirm the judgment of the trial court.")This divorce appeal challenged the apportionment of marital property and the district court's rejection of a commingling/transmutation argument; the court affirmed. The disputed property was the husband's interest in…
SCHICK VS. SCHICK (DIVORCE PROPERTY & ALIMONY)
Jul 20, 198197 Nev. 352, 630 P.2d 1220 (1981) · 11435 · Nevada (SCOTN/COA)
Reversed and remanded for reconsideration of the property distribution.In this appeal from a final divorce decree the sole issue was whether the district court abused its discretion in distributing property. The Court (per curiam) reversed. The parties' only significant asset was a duplex…
RUTAR VS. RUTAR (DIVORCE PROPERTY & ALIMONY)
Mar 5, 1992108 Nev. 203, 827 P.2d 829 (1992) · 21993 · Nevada Supreme Court
Alimony award reversed and increased to $1,700 per month for eight years; the district court was directed to retain jurisdiction over the alimony award and the property division; remanded.The amount of alimony is within the district court's sound discretion, limited by NRS 125.150, which requires an award that is just and equitable, having regard to the respective merits of the parties and the condition…
KORBEL VS. KORBEL (DIVORCE)
Mar 11, 1985101 Nev. 140, 696 P.2d 993 (1985) · 15491 · Nevada Supreme Court
Reversed and remanded with instructions. The court reversed the $2,500 attorney's fee award and remanded with instruction to modify the award in accordance with the opinion (i.e., to exclude the $2,000 attributable to the prior, dismissed appeal).Per Curiam (Springer, C.J., Mowbray, Steffen, Gunderson, JJ., and Zenoff, Sr. J., concurring). The husband appealed only the portion of a post-decree order awarding the wife $2,500 in attorney's fees, $2,000 of which…
LOVE VS. LOVE (PATERNITY)
May 19, 1998114 Nev. 572, 959 P.2d 523 (1998) · 29729 · Nevada Supreme Court
Reversed and remanded (the order resolving the paternity complaint and the attorney's fees award reversed; increased child support and private tuition left in place pending the district court's further decisions on remand).A divorce decree establishing paternity is generally res judicata and precludes relitigation between the parties. Harris v. Harris, 95 Nev. 214, 217, 591 P.2d 1147, 1148-49 (1979). However, res judicata does not bar…
POLK VS. ROWLAND
Jul 2, 202525-28834 · 86937-COA · Nevada (SCOTN/COA)
Reversed and remanded ("we reverse the district court's decisions rejecting Polk's motions to enforce the decree of divorce" and "remand for further proceedings").The Court of Appeals reviewed the district court's divorce-related rulings for abuse of discretion. It cited Williams v. Williams, 120 Nev. 559, 566, 97 P.3d 1124, 1129 (2004), and Schwartz v. Schwartz, 126 Nev. 87, 90,…
RODRIGUEZ VS. RODRIGUEZ (DIVORCE PROPERTY & ALIMONY)
Nov 30, 2000116 Nev. 993, 13 P.3d 415 (2000) · 30223 · Nevada Supreme Court
The portion of the decree denying alimony is reversed and the matter remanded to determine a just and equitable alimony award without consideration of the wife's fault or misconduct.The court held that a district court may not consider either party's marital misconduct or fault when deciding whether to award alimony. The 1993 amendment to NRS 125.150(1), which deleted the phrase 'having regard to…
HE VS. SU
Jul 10, 202323-21969 · 85068-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.The Court of Appeals reviewed both the grant of NRCP 60(b) relief and the modification of the alimony obligation for abuse of discretion, citing Rodriguez v. Fiesta Palms, LLC, 134 Nev. 654, 656, 428 P.3d 255, 257…
SHANE VS. SHANE (DIVORCE PROPERTY & ALIMONY)
Jan 3, 196884 Nev. 20, 435 P.2d 753 (1968) · 5331 · Nevada Supreme Court
Affirmed. ("Affirmed.")Mowbray, J. On the husband's appeal from a decree granting the wife a divorce for extreme cruelty and awarding her $16,500 'in lieu of all her community property rights, and as and for alimony,' the court affirmed. (1)…
BARELLI VS. BARELLI (DIVORCE PROPERTY & ALIMONY)
Aug 28, 1997113 Nev. 873; 944 P.2d 246 · 27421 · Nevada Supreme Court
Affirmed.The court resolved three issues arising from a family court judgment following a bench trial. First, on subject matter jurisdiction, the court held that under Article 6, Section 6(2)(b) of the Nevada Constitution and…
DRASKOVICH VS. DRASKOVICH
Mar 21, 2024140 Nev. Adv. Op. 17, 545 P.3d 96 (2024) · 84998 · Nevada Supreme Court
Reversed in part, vacated in part, and remanded.Standard of review: factual classification of property is reviewed for substantial evidence, but application of a presumption is reviewed de novo. Waldman v. Maini, 124 Nev. 1121, 1128, 195 P.3d 850, 855 (2008). Alimony…
SIRAGUSA VS. SIRAGUSA (ALIMONY)
Dec 3, 1992108 Nev. 987, 843 P.2d 807 (1992) · Nevada Supreme Court
Affirmed.Per Curiam. On appealability, the Court held that NRS 125.005(4) - which provides that a party's failure to timely object to a domestic relations referee's report precludes a later challenge in the district court - does…
SMITH VS. SMITH (CHILD CUSTODY)
Oct 24, 202525-46489 · 89755-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed Ronald's procedural due process arguments for plain error, citing Hamm v. Arrowcreek Homeowners' Ass'n, 124 Nev. 290, 300, 183 P.3d 895, 903 (2008), abrogated on other grounds by Saticoy…
BUCK VS. BUCK
Sep 13, 202424-33772 · 85283 · Nevada (SCOTN/COA)
Decree and post-decree order AFFIRMED.Standard of review. The court reviewed the district court's property characterization and disposition for abuse of discretion. Kogod v. Cioffi-Kogod, 135 Nev. 64, 75, 439 P.3d 397, 406 (2019). "An abuse of discretion…
MAMONE VS. MAMONE
May 18, 202323-15697 · 83006-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded. ("we affirm the district court's judgment as to the application of Pereira, and as to the characterization of the parties' vehicles, tax overpayment, and Shane's SEP IRA as community property. However, we reverse the calculation of the parties' community property interest in SCM and remand for entry of an amended decree of divorce in accordance with this order.")**Standard of review.** The court reviews decisions made in a divorce decree for abuse of discretion, and will uphold the district court's determinations if supported by substantial evidence. Devries v. Gallio, 128 Nev.…
WINN VS. WINN (DIVORCE PROPERTY & ALIMONY)
Jan 16, 197086 Nev. 18, 467 P.2d 601 (1970) · 5921 · Nevada Supreme Court
Affirmed.The only questions on appeal were the propriety of the award to the wife of $4,000 in lieu of a division of property interests and $100 per month alimony, with reserved jurisdiction over the alimony; the divorce,…
PORTNOY VS. PORTNOY (DIVORCE PROPERTY & ALIMONY)
Apr 30, 196581 Nev. 235, 401 P.2d 249 (1965) · 4837 · Nevada Supreme Court
Affirmed.Thompson, J. Applying the divisible-divorce doctrine (Estin v. Estin, 334 U.S. 541 (1948); Armstrong v. Armstrong, 350 U.S. 568 (1956); Vanderbilt v. Vanderbilt, 354 U.S. 416 (1957)), the court held that a valid ex…
APPLEBAUM VS. APPLEBAUM (DIVORCE PROPERTY & ALIMONY)
Jul 5, 197793 Nev. 382, 566 P.2d 85 (1977) · 8713 and 8714 · Nevada Supreme Court
Affirmed.The court (Mowbray, J.) affirmed in all respects. The principal issue was whether extrinsic fraud voided the 1972 property settlement agreement approved in the parties' first divorce. Distinguishing Moore v. Moore, 78…
LOFTON VS. LOFTON
May 9, 202424-16261 · 86302-COA · Nevada (SCOTN/COA)
Affirmed in part and dismissed in part.The panel first addressed appellate jurisdiction over the divorce decree. Because the August 11, 2022 order adjudicating the parties' outstanding life insurance issues constituted the final judgment in the divorce…
Every summary is independently verified against the source opinion; summaries are informational research aids, not legal advice, and no substitute for reading the decision. Topic groupings are derived automatically from each case’s category tag and cited statutes; a case may appear under two topics.