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Divorce can be a complex and emotionally challenging process, particularly when it comes to financial matters. One of the key issues divorcing couples may need to address is spousal support, also known as alimony. Spousal support is designed to provide financial assistance to the lower-earning spouse after a divorce to help maintain a similar standard of living as before the marriage ended. In Nebraska, determining spousal support involves multiple factors, including the length of the marriage, the earning capacity of each spouse, and their contributions to the marriage. In this post, we’ll break down the basics of spousal support in Nebraska and what you should consider if you are seeking or contesting an alimony award.
Spousal support, or alimony, is a payment that one spouse makes to the other during or after a divorce. The purpose of spousal support is to help the receiving spouse maintain a reasonable standard of living and give them time to become self-sufficient. Alimony is not automatically granted in every divorce case—it is decided based on the specific circumstances of each couple.
In Nebraska, there are three primary types of spousal support:
Temporary Spousal Support
Rehabilitative Spousal Support
Permanent Spousal Support
In Nebraska, there is no set formula for calculating spousal support. Instead, judges have significant discretion and consider a range of factors outlined in Nebraska Revised Statute Section 42-365 to determine whether support is appropriate and, if so, how much should be awarded. Some of the key factors include:
The Duration of the Marriage
Each Spouse’s Financial Situation
Contributions to the Marriage
Earning Capacity and Education
Spousal support is not necessarily permanent and may be modified or terminated under certain conditions. In Nebraska, either spouse can request a modification of support if there has been a substantial change in circumstances. Examples of changes that could warrant a modification include:
If the receiving spouse remarries, spousal support typically terminates automatically. However, in cases of cohabitation, the paying spouse must petition the court and present evidence that the receiving spouse’s financial needs have changed as a result of the new living arrangement.
The tax treatment of spousal support has changed significantly in recent years. Under the Tax Cuts and Jobs Act of 2017, for divorce or separation agreements finalized after December 31, 2018, spousal support payments are no longer tax-deductible for the paying spouse, and the receiving spouse does not have to report the payments as taxable income. This change has had a considerable impact on spousal support negotiations, as the paying spouse no longer receives a tax benefit from the payments.
If you are considering seeking spousal support as part of your divorce, it’s essential to work with an experienced family law attorney who can help you build a strong case and advocate for your financial needs. Gathering evidence of your contributions to the marriage, your financial situation, and your future earning capacity is key to obtaining a fair support award.
If you are facing a spousal support request that you believe is excessive or unjustified, an attorney can help you present evidence of your financial situation, your ex-spouse’s earning potential, and other relevant factors to argue for a more balanced outcome.
At VB - Law Office, we understand that spousal support is a deeply personal and often contentious issue. Whether you are seeking support or contesting a claim, our team is here to guide you through the process and advocate for your best interests. We have extensive experience in family law and will work diligently to help you achieve a fair and equitable outcome.
If you have questions about spousal support in Nebraska or need legal assistance, contact us today to schedule a consultation. We are here to help you navigate the complexities of the legal system and secure the financial future you deserve.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
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