Public Pension in Divorce: Am I Entitled to My Spouse’s PERS? Artwork

Love Court Off the Record

In the podcast, Love Court Off The Record, we look at specific legal questions regarding all family law matters. From child custody to child support to divorce. We also take a humorous look at divorce. It does make people go crazy!!

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Love Court Off the Record

Public Pension in Divorce: Am I Entitled to My Spouse’s PERS?

September 23, 2025 • Anderson Keuscher Brachmann

The Question:

“My wife is a public-school teacher and has been contributing to PERS her entire career. We’re going through a divorce, and she insists her retirement is hers alone because she’s the one who earned it. But I’ve been working and supporting the family too—shouldn’t I be entitled to half?”

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In this episode of Love Court, divorce attorney Jessica Anderson addresses a listener’s question about dividing a public employee pension in divorce. His wife, a longtime public-school teacher, insists her PERS retirement is hers alone—but is that true under Nevada community property law? Jessica explains how pension contributions, marital support, and division of retirement benefits are typically handled when one spouse earns and the other holds it all together.