Nevada recognizes both marriage and domestic partnerships between same-sex couples. In general, a domestic partnership carries the same rights and legal obligations as marriage does.
However, some rights – particularly federal tax advantages – are available only to married couples. In addition, domestic partners may not be entitled to medical and other benefits when their partner works for the federal government.
Same-sex couples who do not wish to marry or register as domestic partners can enter a cohabitation agreement in Nevada. This lets them agree on many – but not all – of the rights available to married couples and domestic partners.
The following chart offers a brief summary of the rights available to same-sex couples in Nevada:
| Marriage | Domestic Partners | Cohab. agmt. | |
| Community property | X | X | X |
| Financial support (alimony) | X | X | X |
| Inherit w/o will | X | X | |
| Hospital visitation | X | X | X |
| Medical decisions | X | X | X |
| Sue for wrongful death | X | X (Nevada law only) | |
| Right not to testify | X | X (Nevada law only) | |
| Soc. Sec. spousal benefits | X | ||
| Veteran’s spousal benefits | X | ||
| Federal health insurance | X | ||
| Federal pension benefits | X |
To help you better understand same-sex marriage in Nevada, our Las Vegas family law attorneys, discuss, below:
Same-sex marriage has been legal in Nevada since 2014 when the Ninth Circuit held that denying same-sex couples the right to marry violates the Equal Protection clause of the 14th amendment. 1
Then in 2015, the Supreme Court of the United States, in a 5-4 decision, reached the same conclusion in Obergefell v. Hodges. Finally in 2020, Nevada became the first state to protect same-sex marriage in its state constitution. 2
Same-sex marriage is thus fully legal in Nevada.
Under NRS 122.020, gay people may marry if they are:
A person 17 years old may marry only if the person has the consent of either parent or legal guardian and the court holds an evidentiary hearing.
Pregnancy alone does not establish that the best interests of such person will be served by marriage. 3
Chapter 122A of the Nevada Revised Statutes is Nevada’s Domestic Partnership Responsibilities Act.
NRS 122A was passed in 2009. It allows two people to enter into a domestic partnership provided that five conditions are met:
An eligible same-sex couple entering into a domestic partnership must sign and file a notarized declaration with the Nevada Secretary of State. 4
Most rights and obligations granted to married couples extend to couples in a domestic partnership in Nevada. Notably, these include
In addition, domestic partners can dissolve their union without going through Nevada divorce proceedings.
Couples can achieve many of the same rights through a cohabitation agreement. Though a cohabitation agreement does not confer any rights automatically: Each right must be agreed upon individually, and there is no right of inheritance for couples who live together other than through a will.
Additionally, neither a domestic partnership nor a cohabitation agreement can confer all of the rights and responsibilities of marriage. Married couples enjoy more favorable treatment under the federal tax code. They can also receive Social Security benefits if their spouse dies or is disabled.
Finally, married couples in Nevada do not need to live together to enjoy the benefits of their relationship. Under a domestic partnership or cohabitation agreement, couples must reside at the same address. 5
For more information, please see our individual articles on
In Nevada, there are two ways for domestic partners to terminate their partnership.
Getting married or entering a legally-acknowledged domestic partnership can have a significant impact on the rights of same-sex couples in Nevada.
An experienced Las Vegas LGBTQ rights attorney can help you secure the protections and rights you deserve under Nevada law.
Your Las Vegas family lawyer can also help you decide whether a marriage or domestic partnership is right for you. If you need a Nevada prenuptial agreement, a lawyer skilled in your practice area can make sure that it accurately reflects your needs.
