Alimony

Alimony / Spousal Support

Under Nebraska law, a court should look at several factors when determining a temporary or permanent award of alimony:

• Contributions to the marriage should be considered, including child care and homemaking contributions that have interrupted a spouse’s career or educational opportunities.
• An award of alimony should not be used to equalize incomes, but rather should be awarded to provide support during a time of transition. 
• The term of alimony should be based on the length of the marriage and circumstances of each spouse.
• An award of alimony can be negotiated as part of an overall settlement agreement.
• The ability to enter into the workforce should be considered when minor children are part of the picture.

According to the Nebraska Revised Statute 42-365, when a marriage is dissolved, the court may order payment of alimony by one party to the other and division of property as may be reasonable, having regard for the circumstances of the parties, duration of the marriage, a history of the contributions to the marriage by each party, including contributions to the care and education of the children, and interruption of personal careers or educational opportunities, and the ability of the supported party to engage in gainful employment without interfering with the interests of any minor children in the custody of such party.

Types of Alimony in Nebraska

• Temporary Alimony: Awarded during divorce proceedings to help a lower-earning spouse manage expenses.
• Rehabilitative Alimony: Most common. Supports a spouse while they gain education or job skills to become self-sufficient.
• Reimbursement Alimony: Compensates one spouse for significant contributions (e.g., paying for the other's education).
• Permanent Alimony: Reserved for long-term marriages where the dependent spouse cannot become self-supporting due to age or disability.

Factors Courts Consider

Nebraska courts do not use a formula. Instead, they weigh:

• Length of the marriage
• Each party’s financial condition and earning capacity
• Contributions to the marriage (including homemaking and childcare)
• Standard of living during the marriage
• Age and health of both parties
• Career sacrifices made for the marriage

Duration and Termination

• A common rule of thumb: 1 year of alimony for every 3 years of marriage; but this is not a hard and fast rule.
• Alimony typically ends if the recipient remarries.
• It can be modified upon a substantial change in circumstances (e.g., job loss, health decline).

Contact Us Today to Talk About Alimony

At Stephen D. Stroh, Attorney at Law, we understand the emotional toll a divorce can take. Our team is committed to providing empathetic service, guiding you through every step of the process. Whether your divorce is amicable or contested, we are here to help. Don't face this journey alone. Contact us today and let us provide the support you need.