Looking for Alimony in Nebraska? You may Have Better Luck Finding a Hen’s Teeth

hen empty treasure chest and dog-thumb-250x250-72143If you’re getting divorced in Nebraska and looking for alimony, you may have better luck finding a hen’s teeth, or a flying pig… or any other idiom you choose.

No Hard and Fast Rules

Although there are no hard and fast rules, in most cases, Nebraska courts don’t award alimony – also known as spousal support. If they do, it’s usually for a short time – long enough for the spouse receiving support to get training or education or find a job sufficient to support themselves.

Any award of spousal support is up to the court’s discretion. When the court considers a request for spousal support, Nebraska law says the court is to base its decision on factors like:

  • the duration of the marriage
  • contributions of each party like care and education of the children, interruption of personal careers or educational opportunities; and
  • the ability of the spouse receiving spousal support to engage in gainful employment without interfering in the interests of any children in their custody
  • Other Considerations  

    The court also looks at the relative economic circumstances of both parties and other criteria in its decision.

    In cases where there is child support, that will be determined first, then the amount of alimony will be considered based on each party’s income and expenses after child support is paid.

    Nebraska law specifically states that the purpose of alimony is to provide for the continued maintenance or support of one party by the other when the relative economic circumstances and other criteria make it appropriate.

    Heard it Through the Grapevine 

    Nebraska case law has fleshed out that the most important consideration for the courts when determining alimony is fairness and reasonableness to be determined by the facts of each case. That means that you shouldn’t expect to win your request for alimony based upon the outcome of your friend’s case or another case you heard about through the grapevine.

    A court’s decision can change dramatically based upon a very small change in facts, and there is no way for you to know whether the facts of your friend’s case or that other case you heard about truly match up with yours.

    When it Could Last a Lifetime

    Spousal support is becoming increasingly rare in Nebraska, and permanent (lifetime) alimony is almost unheard of – except in the rarest of cases.

    Those cases usually involve factors such as:

  • Great disparity in income
  • Long term marriages with parties who are advanced in age
  • A party who has a physical or mental disability or health issues that prevent them from working or from working full time
  •  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. 

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