Alimony, commonly referred to as spousal support, is a money amount award by the courts from one spouse to another as continuing support when a Nebraska marriage ends. Under the divorce and family laws in Nebraska, alimony or spousal support may be granted on a transitional, temporary or permanent basis. The amount awarded may also be modifiable or non-modifiable depending on the court’s determination and what the parties contractually agreed to during divorce negotiations.
Omaha Alimony / Spousal Support Attorneys
A Quick Analysis of Alimony & Spousal Support Laws in Nebraska
As a quick snapshot of whether you may be entitled to alimony in your Omaha divorce, a look into the factors judges weigh when making their determination is appropriate. First, the length of a marriage is of great importance. The longer the marriage, the more likely it will be that you may be entitled to spousal support. Nebraska alimony is discretionary, so there is no guarantee alimony will be granted. Still, marriages of 10 years are longer are looked upon favorably by judges when making their determination. And, when a marriage lasted 20 years or more, that is when an analysis of long-term or even permanent alimony occurs most frequently.
Additionally, a court looks at a spouse’s ability to pay spousal support. Even in a long marriage, a spouse who does not make much money may lack the actual means to provide spousal support. As such, even in the longest of marriages, spousal support may be small to non-existent depending on the earnings of the parties involved.
Need is another important consideration taken into account by Nebraska courts. A spouse asking for alimony should demonstrate a true need for the payments. And, finally, the financial contributions of each spouse over the course of the marriage must be taken into account as well. Contributions to childcare and education, postponing a personal career, or supporting the employment opportunities of a spouse are all considered marital contributions that can be compensated for through spousal support under Nebraska law.
Nebraska Calculators and Guidelines for Spousal Support
Aside from the set criteria specified in the Nebraska Revised Statutes, Nebraska does not have an alimony calculator or specific guidelines used to make a rough estimate on what the alimony big picture will look like. Rather, the judge has the power and discretion to make the determination based upon the language of Nebraska alimony statutes.
As such, it is helpful to talk to an alimony attorney in Omaha who is experienced in handling divorce and family law cases concerning Nebraska alimony. This way, you will be properly advised with regards to what you should expect in your alimony determination.
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Contact an Omaha Spousal Support Attorney
Receive the legal counsel and answers to your Omaha alimony questions by contacting the Nebraska Legal Group. Contact us at 402.509.7033 to set up an initial consultation with one of our attorneys who will walk you through what you can expect, given the facts of your case. We look forward to giving you the answers and legal counsel you need to successfully navigate your divorce and family law issues.
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Frequently Asked Questions
How do alimony payments work?
Alimony, also called maintenance, is an amount of money awarded by the court from one spouse to the other as continuing support after the marriage has ended. These payments are usually made on a monthly basis from one party to the other.
How long do alimony payments last?
Under the family laws of Nebraska, alimony or spousal support is often paid for a set term and can be awarded on a temporary basis. Alimony or maintenance may also be modifiable or non-modifiable by agreement of the parties. The duration of maintenance depends on a number of factors, including the length of the marriage.
Is alimony modifiable?
In Nebraska, maintenance is modifiable by the court unless the parties enter into contractual maintenance. The parties can contract on the amount and/or term of maintenance. If maintenance is modifiable, it stays modifiable (unless later on it is terminated or the parties agree to something else).
Is alimony the same as child support?
Maintenance and child support payments both support the needs of a family, but are based on two different legal constructs. Each payment is individual of the other but the amount paid for one can influence the amount of the other.
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