How Does Nebraska Law Divide Appreciated Property During Divorce?
Generally speaking, the property that you owned before marriage (“non-marital property”) is yours to keep after marriage, and the property that you acquired during marriage (“marital property”) must be divided between you and your spouse upon divorce, regardless of how the property was titled at the time it was acquired. While this is fairly straightforward, Nebraska courts have struggled with how appreciation earned during marriage on non-marital property should be divided. The law regarding appreciation during marriage has recently changed, which makes it important to understand old Nebraska law compared to current Nebraska law. Old Nebraska Law: Prior to July
