Divorce Alimony in Nebraska

Divorce Papers > Divorce Alimony > Divorce Alimony in Nebraska

A marital dissolution is a painful phase in the life of spouses. Every individual going through such phase has to overcome a lot of practical and mental issues. Legal provisions related to the termination of marriage provide some benefits for the needy spouses. This assistance is provided through child support and spousal maintenance. Every state has different strategies to grant these kinds of rights. Divorce alimony in Nebraska will be issued after taking the state laws into consideration.

Spousal Support is not automatically granted in Nebraska. That is, it is not treated as a compulsory right of other spouse. The spouse must furnish evidences in the court to prove that he/she is really in need of some support. At times, the terms of the separation agreement lay down the basis for a permanent spousal maintenance decree. Hence, it is advisable that the spouses must seek legal counsel during the earliest phases of the divorce procedure.

Points considered while awarding Divorce Nebraska Alimony

The family law in this state has directed the court to contemplate the following points prior to issuing temporary or permanent order -

• The capacity of the recipient spouse to enter the workforce without intervening with the interests of any minor child if he/she is a custodian.
• The spouses seeking permanent separation have the freedom to negotiate the terms as a section of an overall agreement that deals with property distribution, child custody and divorce.
• The duration of marital life plays an important role in determining the term of a court order. Let us consider that a marriage lasted for 20 years. In this marriage, the spouse requesting for maintenance was a homemaker. Such a spouse may be granted payments worth 10 years. That counts to nearly half of the duration of marriage.
• The intention of providing maintenance in this state is not to equalize the incomes of both spouses. The main objective is to offer support while the recipient is in the transition phase of joining the workforce. This is defined as "Rehabilitative Alimony".
• The contributions of both the partners to the marital life are taken into account. For example, one partner might be busy in homemaking activities or child care due to which this partner may have lost educational or career opportunities.
• Any physical disability or mental disease will be a matter of concern for the court while deciding for spousal maintenance for such person.

Termination of Divorce Nebraska Alimony

The Nebraska Statutes - Chapter 42 - Section 365 deals with the topic of termination of alimony. The general rule is if the recipient remarries or any spouse dies, the orders are terminated. In case of the temporary support, it is legally ceased after the announcement of the final decree. Periodic maintenance will be stopped after a specified duration, unless the court states otherwise.

Alteration in Alimony order

A spouse can request to modify the spousal maintenance after a specific time period. Such person has to approach the court for the alteration in the type and amount of support. However, the court demands sufficient evidences to prove that the previous conditions have changed; therefore, spousal support should be changed accordingly. Also, the extension or continuation in the court order should be demanded in the same way.

Present scenario of Nebraska Alimony

Since the recent past, there have been several changes in the society and particularly in terms of sexual equality. This has led to gross changes in the divorce laws regarding all aspects. The recent alterations made in these laws are as follows -

• The cause of separation of the spouses would be regarded as a factor in deciding if spousal support should be awarded. Especially, adultery and desertion are to be treated as a determining factor in this matter.
• The fault of the spouse due to which the disintegration of the marital union took place would not be considered as a total bar for procuring support. But, it will affect the details of the spousal maintenance.

The spousal support might be a lump sum and/or to be paid periodically. The court will not favor the excessive burden on the paying spouse. Instead, the objective of the court is to decrease the financial impact of divorce on the other partner.

Divorce Papers