Spousal support (commonly referred to as alimony) is not automatic in Nebraska. The party seeking temporary or permanent alimony must prove to the court that the support is necessary. At Vacanti Shattuck in Omaha, our lawyers provide vigorous representation to clients during divorce proceedings, seeing that any alimony order is fair and that our clients have maximum economic security. If you and your spouse are preparing to divorce, or have already separated, the court may enter an order for temporary alimony. It is extremely important to have legal counsel at the earliest phases of the divorce process, since the terms of the separation agreement may establish the basis for a permanent alimony decree.
When will the court award alimony/spousal support?
Nebraska family law directs the court to look at a number of factors when issuing a temporary or permanent order for spousal support:
- The contributions of each spouse to the marriage will be considered, including child care and homemaking contributions that interrupted career or educational opportunities.
- The order will not be intended to equalize the spouses’ incomes but to provide support during the receiving spouse’s transition into the workforce (rehabilitative alimony).
- The term of an alimony order will be based in part on the length of the marriage. For example, a homemaker of 20 years might be awarded 10 years worth of payments.
- Spouses may negotiate alimony as part of an overall agreement regarding child custody, divorce and property division.
- The ability of the supported party to enter the workforce without interfering with the interest of any minor child in his or her custody.
- If the circumstances of either party or a minor child change substantially, the court may consider a request for modification of support.
If you are getting a divorce and wonder if the court will award alimony, or you have another question about our practice, we invite you to e-mail us or call our office at (402) 235-6070. One of our lawyers will reply to your e-mail or take your call and, if you are interested, arrange an in-office consultation.
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