Your Nevada Post-Divorce Legal Checklist
Once your Decree of Divorce is filed with the court, these are the steps you should complete — roughly in order of urgency.
1. Obtain certified copies of your Decree of Divorce
You will need multiple certified copies. The Clark County Clerk’s Office at 200 Lewis Avenue, Las Vegas, provides certified copies for a fee. You will need them for name changes, property transfers, retirement account divisions, and updating government records.
Important: Your divorce is final on the date the Decree is filed with the Clerk — not the date the judge signs it. Check the upper right corner of the first page for the filing date. Do not remarry until the Decree is filed.
2. Change your name (if applicable)
Under NRS 125.130(4), the court may change the name of either party to any former name they have legally borne as part of the divorce decree. If the name change was included in your decree, the decree itself is your legal proof of the name change.
Use your certified Decree of Divorce to update your name with:
- Social Security Administration — apply for a new Social Security card (required before updating other documents)
- Nevada DMV — obtain a new driver’s license or state ID
- Banks and credit card companies — update all financial accounts
- Employer and payroll — update HR records, W-4, and direct deposit information
- U.S. Department of State — apply for a new passport
- Insurance companies — health, auto, home, and life insurance
- Mortgage company or landlord — update the name on your lease or mortgage
- Clark County Recorder’s Office — if you own real property and need to update recorded documents
If you did not request a name change during the divorce, you can still petition the court separately under NRS 41.270. This requires filing a petition, possibly publishing a legal notice, and attending a hearing. There is no time limit on requesting a name restoration after divorce in Nevada.
3. Update beneficiary designations — immediately
This is one of the most commonly overlooked steps after divorce, and it can have devastating consequences. Beneficiary designations on the following accounts are not automatically changed by your divorce decree:
- Life insurance policies
- 401(k), 403(b), and IRA retirement accounts
- Pension plans
- Bank accounts with payable-on-death (POD) designations
- Transfer-on-death (TOD) brokerage accounts
If your ex-spouse is still listed as the beneficiary on a life insurance policy or retirement account and you pass away, the account proceeds may go to your ex-spouse — regardless of what your divorce decree says. Update every beneficiary designation within the first week after your divorce is final.
4. Transfer retirement accounts by QDRO
If your divorce decree divided a 401(k), pension, or other employer-sponsored retirement plan, the division is not complete until a Qualified Domestic Relations Order (QDRO) is prepared, approved by the court, and submitted to the plan administrator. A QDRO is a separate court order that directs the retirement plan to transfer the awarded portion to the non-employee spouse’s account.
Without a QDRO, the retirement account will not be divided — no matter what the decree says. QDROs should be prepared and submitted promptly because plan rules can change, and delays can complicate the transfer.
For IRA accounts, a QDRO is not required — a direct transfer between IRA accounts can be made pursuant to the divorce decree without tax penalties under IRC Section 408(d)(6).
5. Transfer real property
If your decree awards the family home or other real estate to one spouse, a quitclaim deed should be recorded with the Clark County Recorder’s Office to remove the other spouse from the title. Until the deed is recorded, both names remain on the property.
If the property has a mortgage, contact the lender about refinancing into one spouse’s name. The divorce decree does not release a spouse from mortgage liability — the lender is not a party to the divorce.
6. Close joint accounts and separate finances
- Close all joint bank accounts and credit cards
- Open individual accounts in your name only
- Remove your ex-spouse as an authorized user on any credit accounts
- Notify creditors of the divorce to protect your credit
- Request a copy of your credit report from all three bureaus (Equifax, Experian, TransUnion) to identify any joint debts you may have missed
7. Update your insurance coverage
- Health insurance: If you were covered under your ex-spouse’s employer plan, you will lose eligibility. You may qualify for COBRA continuation coverage (typically up to 36 months for divorce) or can enroll in a marketplace plan through a Special Enrollment Period triggered by the divorce.
- Auto insurance: Separate your policy from any joint auto coverage.
- Homeowner’s/renter’s insurance: Update to reflect your current living situation.
- Life insurance: Update beneficiaries. If your decree requires you to maintain life insurance for child support or alimony purposes, confirm the policy meets the required terms.
8. Update your estate plan
Your will, trust, power of attorney, and healthcare directive likely name your former spouse. After divorce, update all estate planning documents to reflect your current wishes. Under Nevada law, divorce automatically revokes any provision in a will that benefits a former spouse (NRS 133.115), but this does not apply to trusts, beneficiary designations, or powers of attorney — those must be updated manually.
9. File your taxes correctly
Your marital status for tax purposes is determined by your status on December 31 of the tax year. If your divorce was finalized before December 31, you file as Single or Head of Household (if you qualify) for the entire year — even if you were married for most of the year.
Key post-divorce tax considerations:
- Alimony: For divorces finalized after December 31, 2018 (under the Tax Cuts and Jobs Act), alimony payments are not deductible by the payer and not taxable to the recipient.
- Child tax credit: Only the custodial parent (the parent with whom the child lives for more than half the year) can claim the child as a dependent, unless the custodial parent signs IRS Form 8332 releasing the exemption.
- Property transfers: Transfers of property between spouses incident to divorce are generally not taxable events under IRC Section 1041.
10. Notify your children’s school
Provide your child’s school with a copy of the custody order so the school knows which parent is authorized for pickup, emergency contacts, and access to school records. Both parents with joint legal custody retain the right to access educational records under FERPA.
