Divorce can be difficult, and financial stability can be a complex topic for both parties. Whether requesting or potentially paying spousal support, you may wonder, “What qualifies you for alimony in Nebraska?” Spousal support and other divorce aspects can feel impossible to handle alone. If you feel overwhelmed with the divorce process, Omaha, Nebraska, divorce attorneys are here to help guide you.
What Is Alimony?
Alimony or spousal support is a court-ordered payment from one spouse to another during or after the divorce. Courts order spousal support to provide a spouse with financial assistance to maintain a similar standard of living.
One or both spouses must request spousal support from the court. Typically, spouses request it in initial divorce documents.
Spousal Support Qualifications in Nebraska
In Nebraska, either spouse can request spousal support, regardless of gender. However, courts have requirements that spouses need to meet before receiving support. Courts consider multiple factors when determining eligibility, including:
Financial Need
The spouse requesting spousal support must demonstrate a clear financial need. Proof of financial needs may include housing, healthcare, childcare, groceries, transportation, and other costs. The court looks at each spouse’s standard of living during the marriage and can seek to award support to help maintain that standard.
Ability to Pay
The court also considers the requested spouse’s ability to pay by looking at their financial resources. Suppose the paying spouse would ensure undue hardship from making payments. The court will be less likely to determine the necessary support in that case.
Courts examine factors like income, employment history, debts, and assets. For example, suppose the paying spouse has a high income and significant assets. However, the requesting spouse needs more job skills or limitations preventing them from joining the workforce. In that case, a court is likely to award spousal support.
Income Disparity
A court typically grants support to a lower-earning spouse when there is a significant difference in income between the applicable spouses. The greater the income disparity, the more support the court might award. For example, picture a couple where one spouse is a doctor making a significant income. In contrast, the other spouse stays at home raising the children.
The spouse who raised the children may have limited work experience outside of household management and childcare, making it difficult for them to become financially independent after the divorce. The court may award this spouse a high spousal support amount to sustain their standard of living.
Ability to Work
Courts consider the receiving spouse’s ability to work without impacting other aspects of their life, like childcare or health. Suppose childcare responsibilities or health issues prevent the spouse from working full-time. The court may factor this into their spousal support decisions in that case.
An example is a spouse with custody of young children. They may receive court-ordered spousal support until the children reach school age. Once the children reach an age where the spouse can re-enter the workforce, the court may decrease or suspend spousal support.
Length of the Marriage
Typically, courts reserve long-term spousal support for people who have been married for decades. A general rule is that the longer the marriage is, the longer the payment of spousal support will be. Reasons for this thought process may be that in cases where one spouse stayed home raising children or giving up career opportunities for a long time, that spouse will take longer to re-enter the workforce and achieve financial independence.
Some situations may involve a spouse who exited the workforce long ago and has outdated job skills. This spouse could face immense challenges in finding employment that pays a salary comparable to the other spouse’s.
Marriage Contributions
Courts consider more than financial contributions to a marriage when deciding spousal support valuations. For instance, a spouse who managed the household and provided emotional support may have significantly contributed to the marriage, in a court’s opinion. Although these contributions may be difficult to quantify, most courts in Nebraska will factor them in when determining spousal support lengths and amounts.
A divorce attorney can help estimate the impact non-financial contributions can have on spousal support.
Spousal Age and Health
Spouses’ age and health can be relevant to spousal support considerations. If a requesting spouse is nearing retirement age and has health issues that limit their ability to work, a court could likely award support. In this case, the support might be permanent because the requesting spouse will likely not have a chance to become financially independent. Situations like this can be rare.
FAQs
Q: How Long Does Spousal Support Last in Nebraska?
A: The length of time spousal support lasts in Nebraska can vary depending on divorce factors. Factors contributing to spousal support length include marriage length, the income disparity between spouses, and the recipient’s self-sufficiency.
The types of spousal support dictating length are temporary, short-term rehabilitative, and permanent. Permanent spousal support is rare, but when awarded, it lasts until remarriage, the death of a spouse, or a court-ordered change.
Q: What Are Marital Assets in Nebraska?
A: Marital assets in Nebraska include most property acquired after the marriage commenced and some value increases on separate property. Common marital assets include real estate, retirement accounts, household belongings, investments, and motor vehicles. Items typically not considered marital property are:
- Property owned before marriage.
- Non-spousal gifts.
- Personal injury awards.
- Inflation increases on separate property.
Q: How Does Spousal Support Work in Nebraska?
A: Courts determine how spousal support works in Nebraska when parties cannot settle the aspect themselves. The determination of spousal support relies on factors such as marriage length, spouses’ income gap, and the recipient’s ability to work and financial needs.
Spousal support awards can be temporary, short-term, or permanent. Temporary awards exist during the divorce proceedings. Short-term awards are rehabilitative and can last until the recipient becomes self-sufficient. Permanent awards are rare. Courts award them after long marriages end in divorce.
Q: What Are the Grounds for Divorce in Nebraska?
A: Grounds for divorce in Nebraska are typically the irretrievable breakdown of the marriage. The state does not require blame for cheating or cruelty, so stating that the marriage is irretrievably broken is suitable.
Additional requirements include one spouse living in Nebraska for at least a year and deciding whether the divorce is contested or uncontested.
Uncomplicating Divorce With You in Nebraska
Nebraska considers several factors when determining spousal support, but a court decision is only one of your available paths. If you seek a divorce, know that a Nebraska divorce attorney can help with more than court representation. Stange Law Firm is here for you if you need help making sense of spousal support or some other divorce aspect. Contact our skilled team today for a consultation.
