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Nebraska Alimony
Spousal Support

Nebraska divorce law allows the courts to award alimony, also known as spousal support. Relevant factors include the standard of living during the marriage, earning ability of the recipient, child support payments if applicable, time required to obtain job training or education and duration of the marriage. The court cannot take marital misconduct into account.

In Nebraska alimony influences the distribution of property, and it can become intricately involved in a divorce settlement. When spouses are unable to reach an agreement on this issue, the District Court can order support on a case-by-case basis.

A Nebraska court may order either spouse to pay alimony to the other spouse, and it may also enter an order for division of marital property.

Alimony provides for support of a spouse where the circumstances of the divorce make such an award appropriate. The court may also require reasonable security for payment.

Types of Alimony

In Nebraska courts may order temporary, short- and long-term alimony. Temporary alimony is granted at the discretion of the court during the divorce proceedings and before the final decree. Short-term alimony may be granted to allow the receiving party time to gain necessary skills. Long-Term, or permanent, spousal support may be granted to a spouse who has significant needs, and is usually reserved for lengthy marriages.

Factors Considered by the Court

In Nebraska alimony is discretionary. According to the Nebraska Statures Chapter 42 - Sections: 365, the courts consider:

  • the circumstances of the parties;
  • the length of the marriage;
  • the history of the contributions to the marriage by each party, including contributions to the care and education of the children, postponements of personal careers or educational opportunities, and the ability of the supported party to engage in gainful employment without interfering with the interests of any minor children in the custody of such party.

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