Nebraska courts may grant alimony or spousal support payments as part of a divorce settlement. The court will consider all applicable factors to determine an appropriate award.
Types of Spousal Support
- Temporary – payments to be made during the time between filing for divorce and final decree.
- Short-Term – payments are to be made for a limited time as determined by the court.
- Long-Term or Permanent – payments last for a longer length of time, generally reserved for cases where the marriage was long-term.
Who is Eligible for Alimony in Nebraska
The court may award alimony to either party in a divorce. The circumstances of the parties will help the court determine who is eligible. Each party should present all relevant evidence during the divorce proceedings, including information about finances and assets.
Nebraska Alimony Guidelines (Factors for Awarding Alimony)
A Nebraska court will consider the following factors to determine whether to grant alimony:
- Circumstances of both spouses;
- Duration of the marriage;
- Contribution of each spouse to the marriage;
- Interruption of career or education; and
- Ability of the supported spouse to work without interfering with the interests of minor children.
Reasons for Termination or Modification of Alimony in Nebraska
Change of circumstances must be shown to terminate or modify a support agreement. The court will consider evidence of changed circumstances upon petition. Remarriage or cohabitation of the party receiving alimony will is generally sufficient grounds for modification. Death of either party will terminate the support agreement unless the agreement states otherwise.
Marital Fault in Nebraska
Nebraska courts do not consider marital fault when deciding on distribution of assets and alimony.
How Long Does Spousal Support Last in Nebraska?
The court will determine the length of any support payments at the time of final decree. The court may grant a lump sum settlement, or monthly payments depending on what is best given the circumstances of the parties.
Nebraska Alimony Taxes
The spouse receiving alimony must claim payments as income if it is mandated by court order. The paying spouse may deduct the alimony on federal tax returns. Discuss the tax consequences of your support agreement with a tax professional or an attorney.
Find an Alimony Attorney in Nebraska
Because divorce may impact your future income, it is best to seek the guidance of a knowledgeable Nebraska attorney in filing the necessary paperwork and representing your interests in court. An attorney will help you through the difficult process from start to finish.