Alimony in Nebraska (also called spousal support) is rare but plays a critical role in certain divorce cases. Whether you want to be awarded alimony in your divorce or are worried about being required to pay it, having the right information about how alimony works will help you navigate the process. Here are the Nebraska alimony laws, the types of spousal support available, who qualifies, how long payments last, and more details on how alimony is calculated in Nebraska.
Types of Alimony in Nebraska
Nebraska courts can award several types of alimony depending on the case’s circumstances:
- Temporary Alimony: Short-term alimony provides financial support during divorce proceedings to help a spouse cover immediate living expenses.
- Rehabilitative Alimony: Supports a spouse for a limited time to gain education, training, or employment—most common type of alimony in Nebraska.
- Permanent Alimony: Rarely awarded, this long-term spousal support applies only in exceptional cases, such as when a spouse has a significant disability or advanced age.
Knowing these types can help you and your attorney determine which option aligns with your needs or obligations.
How Is Alimony Calculated in Nebraska?
Nebraska does not use a fixed formula for calculating alimony. Instead, judges evaluate several factors to determine what’s fair and reasonable, such as:
- Length of the Marriage: Divorces from longer marriages increase the likelihood of spouses getting payed or needing to pay alimony, but there’s no set requirements on how long you have to be married to get alimony. And though not common, unmarried couples may be eligible for palimony.
- Financial Needs and Earning Capacity: Courts compare each spouse’s income, expenses, and financial independence.
- Standard of Living During the Marriage: Judges consider whether support is necessary to maintain a similar standard of living.
- Health and Age: A spouse with health challenges or nearing retirement age may qualify for additional support.
- Contributions to the Marriage: Non-financial contributions, like childcare or sacrificing career advancement, are significant when deciding if you or your spouse has to pay alimony.
- Child Custody Obligations: Alimony decisions often depend on child support arrangements.
Though there are no hard and fast alimony rules, in most cases, Nebraska courts don’t award spousal support, and when they do, it’s usually only for a short time to help a spouse get into a more self-sufficient financial position.
Who Qualifies for Alimony in Nebraska?
Either spouse can qualify if they meet the necessary requirements for alimony in Nebraska, regardless of gender or employment status. Common scenarios for who qualifies for alimony include:
- Stay-at-Home Parents: A parent who left the workforce to care for children may receive rehabilitative support.
- Spouses with Income Disparities: Significant differences in earning potential may warrant temporary or permanent alimony.
- Disabled or Retired Spouses: Those unable to work due to age or health conditions are may be more likely to receive longer-term support.
Even working husbands or wives can qualify for alimony if their income is insufficient to meet their needs post-divorce.
How Much Alimony Will You Get in Nebraska?
Since Nebraska lacks a formal alimony formula to calculate spousal support, the amount awarded varies widely based on case specifics. How much alimony you can get/have to pay is based on the following factors:
- The paying spouse’s ability to provide support without financial hardship.
- The receiving spouse’s financial needs (budget) and ability to earn income.
- Child support obligations, which take precedence over alimony.
The average alimony amount balances the financial realities of both spouses, with courts always aiming to ensure fairness without causing undue financial strain.
How to File for Spousal Support in Nebraska
The process of getting alimony in a divorce involves:
- Petitioning for Alimony: Include the request as part of your divorce filing.
- Providing Documentation: Submit proof of your financial needs, such as income statements and monthly expenses.
- Court Hearings: Present your case before a judge, who will decide based on Nebraska’s alimony laws and your specific circumstances.
If your divorce is already finalized, you may need to demonstrate significant changes in circumstances to modify alimony.
How Long Does Alimony Last?
How long alimony is paid in Nebraska varies based on the case but is typically not paid indefinitely. Alimony payments usually last long as needed for the recipient to become self-sufficient, with common alimony lengths like:
- Temporary Alimony: Spousal support ends when the divorce is finalized.
- Rehabilitative Alimony: Lasts a few months to a few years, depending on the time needed for education or job training, starting during the transitional period after a divorce.
- Permanent Alimony: Rare and typically reserved for long-term marriages where one spouse cannot re-enter the workforce, starting when the divorce is finalized.
Judges decide how long you have to pay/can collect alimony based on the specifics of the case, and modifications can sometimes be made if circumstances change.
Is Alimony Tax Deductible?
Changes in tax laws have shifted how alimony is treated:
- For the Paying Spouse: Spousal maintenance is no longer tax-deductible (post-2019 divorce agreements).
- For the Recipient: Alimony payments are no longer considered taxable income.
This alimony tax change significantly impacts financial planning for both parties during divorce negotiations.
Can Alimony Be Modified?
Yes, alimony awards can be modified or terminated under certain conditions, such as:
- Change in Income: If the paying spouse loses their job or the recipient begins earning more.
- Remarriage or Cohabitation: If the recipient remarries or enters a financially supportive cohabitation arrangement.
- Health or Disability Changes: For either party, these can affect the need for or ability to pay alimony.
Whether decreasing or increasing payments, alimony modification requires a formal request to the court and sufficient evidence of changed circumstances.
Is Alimony the Same as Child Support?
While both are financial support payments, alimony and child support serve different purposes:
- Alimony: Supports a former spouse’s financial independence.
- Child Support: Ensures the financial well-being of children involved in the divorce.
In Nebraska, child support calculations take precedence, with alimony determined afterward based on remaining financial resources.
Do I Need an Attorney to Get Alimony?
While you can create a spousal support agreement with your ex-partner without a lawyer, having an experienced Nebraska divorce attorney is best to help you navigate the alimony process more smoothly. Because alimony decisions depend heavily on individual circumstances, seeking legal advice from one of the experienced Iowa and Nebraska family law attorneys at Hightower Reff Law is essential to:
- Help you understand your eligibility for alimony.
- Advocate for fair terms during negotiations.
- Guide you through filing or modifying alimony requests.
Without professional guidance, you risk losing out on support you deserve or being ordered to pay more than you can afford.
This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts.
For more questions on alimony or family law assistance, contact our experienced attorneys at Hightower Reff Law today!
