Alimony in Nebraska
There is often financial uncertainty in a divorce, especially when one spouse earns significantly more than the other. Alimony, also known as spousal support,is designed to help balance financial differences between spouses after a divorce. It ensures that the lower-earning spouse can maintain a standard of living that is reasonably consistent with what was experienced during the marriage. This alimony guide will walk you through how the process works in Nebraska.
Step 1: Determining Eligibility
The first step in the alimony guide is determining whether you or your spouse are eligible for spousal support. In Nebraska, either spouse may qualify for spousal support as long as they meet the necessary legal requirements. Support is awarded based on financial need and the other spouse’s ability to provide support. Common situations include:
- Stay-at-Home Parents: A spouse who left the workforce to raise children may receive rehabilitative support to help them regain financial independence.
- Significant Income Disparities: If one spouse earns substantially more than the other, the lower-earning spouse may qualify for temporary or permanent support.
- Disabled or Retired Spouses: Those who are unable to work due to age, disability, or ongoing health conditions may be eligible for long-term support.
- Limited Earning Potential: Even if both spouses are employed, support may still be awarded if one spouse’s income is insufficient to maintain a reasonable standard of living post-divorce.
Step 2: Understanding Types of Alimony in Nebraska
Nebraska courts can award different types of spousal support depending on the circumstances of the case. Understanding the different types outlined in this alimony guide can help you prepare for negotiations or court proceedings:
1. Temporary: Granted during divorce proceedings to provide financial support until a final ruling is made.
2. Rehabilitative: Awarded to help a spouse become financially independent through education or job training. This type is often used when one spouse sacrificed their career for the marriage.
3. Permanent: Rarely awarded, but may apply in cases of long-term marriages where the receiving spouse is unable to become self-sufficient due to age, chronic health conditions, lack of work experience, or an extended absence from the workforce that makes reentry difficult.
Step 3: Calculating Payments
The third step in the alimony guide is figuring out payments. Unlike child support, Nebraska does not use a fixed formula for calculating alimony. Instead, Nebraska judges evaluate the following factors:
- Length of the Marriage – Longer marriages are more likely to result in awards.
- Financial Need – The requesting spouse must demonstrate a legitimate need for financial support.
- Earning Capacity – The court evaluates each spouse’s ability to earn income and support themselves.
- Contributions to the Marriage – Non-financial contributions, such as being a stay-at-home parent, may be considered.
- Standard of Living – The court may seek to ensure that both spouses maintain a standard of living similar to what they had during the marriage.
- Age and Health – If a spouse has medical conditions or is at retirement age, spousal support may be necessary.
Calculations can vary, so working with an experienced Nebraska divorce attorney can help clarify the alimony guide and address any questions or concerns.
Step 4: Duration of Payments
The length of time spousal support is awarded depends on the specific circumstances of the case. Some of the different scenarios include:
- Short-Term Marriages (Under 10 Years): Support may be minimal or not awarded at all.
- Medium-Length Marriages (10-20 Years): Support is often awarded for a period proportionate to the marriage’s duration.
- Long-Term Marriages (20+ Years): Payments may be awarded for a significant duration, sometimes indefinitely.
It is also possible for payments to end early if the receiving spouse remarries or becomes financially independent.
Step 5: Modifying or Terminating Alimony
Life changes after divorce can sometimes require adjusting payments. In Nebraska, spousal support can be modified or ended under certain conditions. If either spouse experiences a major income change, such as job loss or a big raise, the court may adjust the payments. The payments usually end if the recipient remarries or moves in with a new partner who provides financial support. Health issues can also be a factor. If the paying spouse becomes disabled or faces serious financial hardship, they may request a reduction in payments.
Step 6: Enforcing Payments
If a spouse fails to make court-ordered payments, legal action can be taken to enforce compliance. Enforcement methods include:
- Wage Garnishment – The court can order an employer to withhold spousal support from the paying spouse’s paycheck.
- Property Liens – A lien may be placed on the paying spouse’s property to secure owed payments.
- Contempt of Court – Failure to comply with a court order can result in fines or jail time.
Step 7: Work with an Experienced Nebraska Divorce Attorney
Whether you’re requesting alimony or challenging an unfair order, having the right legal support can make all the difference. At Nebraska Legal Group, our experienced divorce and family law attorneys will help you through the process and answer any questions you may have about the alimony guide. Let us help you achieve the best possible outcome in your case—contact our team today to schedule a consultation.