Alimony In Nebraska

Alimony is money paid by one spouse to the other during or after a divorce that is ordered by a judge.  Alimony was initially intended for long-term couples wherein one partner (typically the husband) worked full-time while someone (typically the wife) cared for the family at home.

Even if circumstances are different and both spouses currently operate outside the home, Nebraska courts might impose alimony in divorce proceedings if one spouse has been unable to establish economically self-sufficient after the divorce. This article will describe alimony in Nebraska.

Spousal Support In Nebraska

There are three types of alimony in Nebraska.

Temporary Alimony

Temporary alimony is paid to a financially dependent spouse during divorce proceedings. Temporary alimony ends after the divorce is completed.

Rehabilitative Alimony

Rehabilitative alimony refers to alimony payments that enable a financially dependent spouse to bridge the gap while transitioning to self-support. In Nebraska, this is the most prevalent type of alimony. Rather than time-based payments, a judge would usually set an endpoint for rehabilitative payments based on the dependent spouse meeting certain requirements (such as finding work).

Reimbursement Alimony

Reimbursement alimony is a less prevalent type of alimony. This sort of alimony is designed to compensate one spouse for considerable expenses that the other spouse has incurred. If one spouse paid for the other’s education before the divorce, this is an example of this type of arrangement. A judge could force the spouse who paid for the education to compensate the spouse who got it.

The longer the period between the original cost and the divorce, the less likely a judge is to give reimbursement alimony. These rewards are more common in fields requiring advanced degrees than in fields requiring only a high school diploma or a bachelor’s degree.

Permanent Alimony

A judge may grant lifelong alimony in exceptional circumstances. This usually occurs towards the conclusion of long marriages or in instances when the dependent spouse is unable to work permanently.

Qualifications for Spousal Support

Alimony can be requested by either spouse throughout a dissolution, irrespective of gender. The seeking spouse must establish that they are still in need of additional funding and that the other partner is capable of paying in order for the court to grant support.

If the court determines that alimony is appropriate, the following considerations will be considered in determining the amount and duration of the award:

• The financial situation of each couple.
• The duration of the union.
• Both spouses’ monetary and non-monetary contributions to the marriage, such as childcare and education.
• Whether each spouse’s personal employment or educational potential were harmed during the marriage.
• Whether each spouse’s personal employment or educational potential were harmed during the marriage.

Despite child support, there is really no method used to determine alimony in Nebraska. Magistrates have broad powers and will prioritize giving the reliant spouse sufficient time to switch from divorce to independence. Prior to coming to a decision on alimony, the court will analyze the reasoning and circumstances of the case.

Nebraska Divorce Laws Alimony Payments

Alimony settlements can be ordered in one single sum, on a recurring basis, or as a transfer of property by the court. Since most partners do not even have adequate financial resources to repay an alimony judgment in one installment, lump-sum payments are unusual. If the court approved it, a lump-sum settlement would permanently discharge the paying spouse’s responsibility.

A monthly installment is the most common method of payment. Partners can negotiate a means of payment, such as a direct deposit into the recipient’s bank account by the contributing spouse. If either partner wants court involvement, they can obtain an economic retention order, which directs the paying spouse’s employer to reduce money from the worker’s wages.

If you aren’t obtaining your alimony payments, the spouse can request the judge for help executing the judgment. The judge could prosecute your partner with disobedience, which could result in charges, legal expenses, bank account seizures, driver’s license suspension, or, in the most egregious cases, a prison sentence.

Modification Of Alimony In Nebraska

Partners can make an agreement not to adjust alimony payments. When there is no contractual obligation or the judge doesn’t really prohibit a reassessment, either spouse can request the judge to amend the quantity, duration, or terms of alimony in the hereafter.

The requesting spouse must demonstrate “good cause,” which usually means a substantial shift in a spouse’s income or even other conditions. If you’re paying maintenance and have lost your work abruptly, or if the supported spouse obtains a promotion, you can conduct an analysis.

The judge would not amend the alimony award if the restrictions were imposed intentionally, such as resigning or losing a job due to wrongdoing.

Taxes and Alimony

Traditionally, the law allowed a paying spouse to exclude support payments while still requiring the receiver to reveal and pay taxes on the income, making alimony payments more manageable. Nonetheless, in 2018, revisions to the Tax Cuts and Jobs Act abolished the tax exemption and disclosure requirements, which implies that the payments are taxed by the paying spouse rather than the receiving spouse. 

Who Pays Alimony?

Alimony can be paid by either spouse in Nebraska. Multiple considerations will be considered by the judge, including what each spouse contributed to the marriage (such as child care and income generated), whether either spouse abandoned a career to care for children, the degree of care any children currently require, and the length of the marriage.

In Nebraska, alimony is not meant to punish either spouse. Alimony’s ultimate goal is to ensure that both couples are able to sustain themselves. The judge will make sure the deal is reasonable, equitable, and fair. There is no discussion of who is to blame. Even if one spouse is “at fault” in the divorce, alimony may still be available to that spouse. Alimony is a tool to help families avoid financial issues during the divorce process. It is not a fine or a kind of compensation.

What If I Do Not Pay Alimony?

If you do not pay alimony, the debt will be referred to as alimony arrears. These can be recovered by mediation, wage garnishment, or small claims court, among other options. You could be prosecuted with contempt of court if you do not respect an alimony order issued by the court. A judge will decide your case based on the precise financial circumstances of your situation, such as the amount of support your children require.

Typically, an alimony mediator license to practice in Nebraska is brought in to assist the couple in reaching an agreement on their alimony position, as well as other matters such as property division. This helps individuals avoid going to court and, in certain situations, is less expensive than employing an attorney.

Does Adultery Affect Alimony?

Years ago, while deciding whether or not to pay alimony to a spouse, the state of Nebraska took into account marital wrongdoing, including infidelity, during the course of the marriage. Nebraska, on the other hand, has adopted a “no-fault” divorce policy since then. This was implemented in 1972.

When determining alimony, courts cannot take into account bad behavior throughout the marriage. Courts can only assess whether one spouse is deserving of alimony payments based on their present financial situation and the roles each spouse played during the marriage.

In Nebraska, alimony also includes monies paid from one spouse to the other to cover legal fees incurred as a result of the divorce. Infidelity has no bearing on the payment of legal fees.

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