Long gone are the days when family courts would almost automatically award custody and support to women in divorce cases. The changing roles of men and women in the workforce and the marriage equality movement are now reflected in our laws regarding the family, blurring traditional gender roles and making it just as likely that men can be awarded alimony, depending on the specifics of the case.
Nebraska laws regarding marriage and divorce are gender neutral by design. The alimony factors that the courts consider when making a determination about alimony are all gender-neutral:
- The duration of the marriage;
- The financial circumstances of both parties;
- The history of the financial and non-financial contributions to the marriage by each party, including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
- The income and earning capacities of both parties;
- The general equities of each situation.
The courts base alimony decisions on financial need and “reasonableness,” as well as the ability of the other party to pay. In today’s world, these factors apply equally to men and women.
In Nebraska, alimony can be awarded on a temporary, short-term or permanent basis, although permanent alimony is a rarity today since courts view it as a rehabilitative measure to give one party time to obtain the necessary education and/or training to gain employment.
Your legal team at Koenig|Dunne is here to provide you with guidance and advice regarding alimony and all of the issues that you will face throughout the divorce process.