To receive alimony in Nebraska, the spouse seeking alimony must prove the merit of such a request and the need for spousal support. This is critical, in that the provisions of Nebraska alimony laws will differ slightly from other states. Although alimony can be used to equalize a divorce settlement, there is no obligation in Nebraska law to ensure that such equity is achieved. This is why you will need a lawyer, to help you evaluate if you merit alimony payment. Through this arrangement, you will be able to determine how the court will view your request and anticipate the judgment made regarding alimony in Nebraska.
How is alimony in Nebraska calculated?
There are several components to an alimony agreement including
- Amount of payments (monthly)
- Term of agreement
- Conditions of continued support
- Contributions of each spouse
There are a number of factors considered when the courts judge a request for alimony including:
- Contribution to a child support agreement
- Potential income
- Length of marriage
- Ability to work due to childcare obligations
- Ability to work due to disability
- Cost of financial independence
- Cost of education or job training
- Items being divided in the divorce agreement
With these factors in mind, a sample alimony in Nebraska arrangement may cover the cost of education for 4 years so that a spouse may be able to attend school, increase their potential income and achieve the same standard of living enjoyed in the marriage. This may be conditional on how the money is spent and other conditions related to good faith attempts to become independent.
Other alimony in Nebraska arrangements may be simpler, including a lump sum to equalize a martial estate, reimbursement for putting the other spouse through school, or forcing a spouse to share benefits as part of their potential income.
Although the court may take child support into consideration when determining alimony, more often than not, child support is determined separately in court, with stricter provisions, longer terms and subject to independent, statutory formulas. Alimony is not subject to any formulas and is at the discretion of the court.
Modification of alimony agreement
You can have an agreement modified if the spouse becomes independent earlier than expected, circumstances related to child support change or if the spouse has remarried. To do so, you will need a divorce lawyer and file a modification of support form with the court. It is not easy to prove that spousal maintenance is no longer needed, which is why a consultation with an attorney is necessary before filing any sort of modification request based on spousal support.
Paying alimony in Nebraska
You can voluntarily have your wages garnished to meet your obligations. You may also make direct payments or pay off certain arrangements, such as compensation for expenses in lump sum. Non-payment leads to liens against property and other enforcement actions designed to ensure that all court ordered obligations are met.