Murray v. Murray ( 2015 )


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  •                 especially considering that David used at least some community property
    to pay his own attorney's $20,000 retainer—making the award here
    reasonable under NRS 125.150(1)(a)(3).
    Finally, we conclude that the district court did not err in
    accelerating Sharon's entitlement to David's retirement benefits. This
    court has repeatedly held that a spouse is entitled to the other spouse's
    retirement benefits as soon as the latter spouse is eligible to retire.   See
    Sertic v. Sertic, 
    111 Nev. 1192
    , 1194, 
    901 P.2d 148
    , 149 (1995) ("If [the
    wife] does not elect to retire when she first becomes eligible, she shall be
    obligated to pay to [the husband] what he would have received if she had
    retired."); Gemma v. Gemma, 
    105 Nev. 458
    , 464, 
    778 P.2d 429
    , 432 (1989)
    ("The district court here properly ordered that [the wife] may elect to
    receive pension benefits at the time they become due and payable, this
    being defined in the divorce decree as the time when [the husband] is first
    eligible to retire."). Accordingly, we'
    ORDER the judgment of the district court AFFIRMED.
    1 We have considered the parties' remaining arguments and conclude
    that they are without merit.
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    cc:   Hon. Alvin R. Kacin, District Judge
    Carolyn Worrell, Settlement Judge
    Kenneth J. McKenna
    Law Offices of Lisa K. Mendez
    Elko County Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A    e
    

Document Info

Docket Number: 64935

Filed Date: 11/17/2015

Precedential Status: Non-Precedential

Modified Date: 11/18/2015