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.

What is Spousal Support?

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

• Temporary spousal support is awarded during the divorce process to help the lower-earning spouse meet their financial needs until the divorce is finalized. This type of support is typically short-term and ends once the divorce decree is issued.

Rehabilitative Spousal Support

• Rehabilitative support is intended to help the receiving spouse gain the education, training, or work experience needed to become financially independent. It is commonly awarded when one spouse gave up career opportunities to support the family or further the other spouse’s career.

Permanent Spousal Support

• Although permanent alimony is rare in Nebraska, it may be awarded in long-term marriages or when the receiving spouse is unable to become self-sufficient due to age, disability, or other factors. Permanent support generally lasts until the death of either spouse or the remarriage of the receiving spouse.

How is Spousal Support Determined in Nebraska?

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

• The length of the marriage is one of the most important factors in determining alimony. Generally, the longer the marriage, the more likely it is that spousal support will be awarded. Shorter marriages may result in limited or no support unless there are compelling circumstances.

Each Spouse’s Financial Situation

• The court will look at each spouse’s income, assets, debts, and overall financial circumstances to assess whether support is needed and how much the paying spouse can reasonably afford.

Contributions to the Marriage

• Contributions to the marriage include both financial contributions (such as income) and non-financial contributions (such as raising children, maintaining the home, or supporting the other spouse’s education or career). The court will consider whether one spouse sacrificed career opportunities or education for the benefit of the family.

Earning Capacity and Education

• The court will assess each spouse’s earning capacity, which includes current income, job skills, education, and work experience. If the receiving spouse has the ability to earn a reasonable income through employment or further education, the court may limit the duration of support.



Modifying or Terminating Spousal Support in Nebraska

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:

• A significant increase or decrease in either spouse’s income.
• Job loss or disability that affects the paying spouse’s ability to pay.
• Changes in the receiving spouse’s financial situation, such as remarriage or cohabitation with a new partner.
• A change in the cost of living or expenses.

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.

Tax Implications of Spousal Support

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.

What to Do If You’re Seeking Spousal Support in Nebraska

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.

Defending Against Unfair Spousal Support Claims

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.

How VB - Law Office Can Help

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.