Hallenback v. Hallenback

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.

SUPREME COURT OF NEVADA 2 (0) I947A Citi s

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

SUPREME COURT OF NEVADA 3 (0) 1947A