Hallenback v. Hallenback ( 2014 )

 sufficiently compelling circumstances for the unequal distribution of the
community property at issue here, namely, that because Joseph earned
the Carpenters pension after the parties separated it was fair to award
that pension to Joseph. The unique circumstances present support the
district court's decision: the parties were separated for over 20 years
without divorcing, and Joseph did not get the job that produced the
Carpenters pension benefits until 6 years after the parties separated.
Furthermore, the district court's division of the parties' community
property was not one-sided, as Rhonda received the full pension benefits
that Joseph earned from a different job while the pair actually
cohabitated.
Rhonda argues that this court has recognized only financial
misconduct resulting in economic loss as compelling enough to justify an
unequal distribution of community property under NRS 125.150(1)(b). See
Putterman v. Putterman, 113 Nev. 606, 608-09, 939 P.2d 1047, 1048-49
(1997); Lofgren v. Lofgren, 112 Nev. 1282, 1283-85, 926 P.2d 296, 297-98
(1996). But those cases do not interpret the statute as limited solely to
those circumstances, nor does the statute delineate such a limited
understanding on the compelling reasons that may support unequal
division.
Finally, Rhonda argues that NRS 125.155, which controls the
valuation of public employee pensions for the purposes of divorce
proceedings, demonstrates this State's pension division policy for divorces.
But the specific rules governing public employee pensions did not take
away the district court's discretionary authority under NRS 125.150(1)(b)
to unequally divide the non-public pension at issue here.
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The district court's findings merit deference, and we discern
no abuse of discretion in this division. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
Piekm.tar
' J.
Pickering
cc: Hon. James E. Wilson, District Judge
Robert A. Grayson
Rusby Clark, PLLC
Lemons, Grundy & Eisenberg
Legal Aid Center of Southern Nevada
Anne R. Traum
Carson City Clerk
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