Skip to content

Tag: Alimony

Alimony

Can I Modify Alimony After My Divorce?

 It is not unusual for financial circumstances to change after a divorce, and Nebraska law allows for either ex-spouse to make a request for modification of support, be it a paying spouse who can no longer afford his or her support payments or a nonpaying spouse in need of additional support. There may be a justification for modifying alimony if it can be proven that there has been a “material change in circumstances,” usually meaning there has been a substantial change in income for either party. If your decree states that your alimony order is “unmodifiable” then it cannot be
Read More

What Information to Provide Your Attorney if you Want to be Awarded Alimony in Nebraska

One of the most common questions people have at the initial stage in their divorce is whether they are eligible to receive alimony.  In Nebraska there is not a specific calculation that determines whether alimony will be awarded. Rather, an award of alimony is left to the discretion of the judge or negotiating between the parties.  There are several factors the court may consider when making an alimony determination, but the outcome will be most impacted by the unique facts of your case. The more information about your case that you can provide to your attorney, the easier it will
Read More

7 Alimony Factors in Nebraska

We know one of the most common questions and concerns clients have when facing a divorce is whether alimony will be a factor in their case. Unlike child support, there isn’t an alimony calculator in Nebraska.  Rather, alimony awards are left to the discretion of the judge or in an agreement reached between spouses.  However, there are several factors that the court may consider when making an alimony determination, including but not limited to: The length of your marriage.  The longer you were married, the more likely it is that alimony may be a factor in your case if other
Read More

What Divorcing Women Need to Know About Alimony

For many women who face a divorce, the prospects of having to live on half of what used to support you both is frightening — especially for women who have stayed at home to raise the children and now face the prospect of having to look for outside employment. Alimony is not a given in any divorce.  In Nebraska, the court will look at a number of factors in making a decision about the need for alimony and the amount to be awarded.  Under Nebraska Revised Statute 42-365, these factors include: the financial circumstances of the parties the duration of
Read More

How to Modify Alimony in Nebraska

It is not unusual for financial circumstances to change after a divorce, and Nebraska law allows for either ex-spouse to make a request for modification of support, be it a paying spouse who can no longer afford his or her support payments or a nonpaying spouse in need of additional support. There may be a justification for modifying alimony if it can be proven that there has been a “material change in circumstances,” usually meaning there has been a substantial change in income for either party. The court will look carefully at the needs of the person receiving alimony and
Read More

Can Men be Awarded Alimony in Nebraska?

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
Read More

How to Effectively Negotiate Alimony

Unlike some states, Nebraska family courts do not use specific alimony calculators to determine spousal support in a divorce. Instead, the Court will weigh several factors, including: The duration of the marriage The current financial resources of each spouse The contribution of each spouse to the marriage (child care and education, home maintenance, etc.) The ability of each spouse to be gainfully employed Whether your divorce is headed for a courtroom or mediation, here are some tips on how to effectively negotiate alimony: Consider your budget. Before you determine the alimony amount you think you need — or believe you
Read More

5 Common Questions About Remarriage After Divorce

If you get divorced in Nebraska, you must wait six months after your divorce is final before you can re-marry. If you are contemplating getting married after divorce, you may have some questions about what will happen. Below are answers to common questions about remarriage after divorce: Does remarriage affect child support? No. When calculating child support, only your income and your former spouse’s income is considered. Your new spouse’s income is not factored into the equation. In other words, you will not have to recalculate support based on your new spouse’s income. If I have children with my new
Read More

Securing Your Support Payments

Your divorce may result in the court ordering two types of support payments – child support and/or alimony. One way to ensure court-ordered is paid in full is to request the payor (the person ordered to pay support) to maintain a life insurance policy. The recipient should be named the beneficiary of the policy and the amount of the policy should be sufficient to satisfy the full amount of support ordered in the event the payor dies. Every support award is comprised of two factors – amount & duration: Alimony: If alimony is awarded in your case, you will know
Read More

Divorce Tax Tips: 5 Most Common Divorce Tax Questions in Nebraska

[column width=”1/1″ last=”true” title=”” title_type=”single” animation=”none” implicit=”true”] Do I have to pay income tax when my ex-spouse and I transfer property or pay a property settlement per the terms of our divorce decree? No.  The transfer of property (or payment of a property settlement payment) pursuant to a divorce decree is not taxable.  However, you’ll want to keep in mind the future tax consequences of a subsequent sale, withdrawal, or transfer of assets that you received in a property settlement. Does the payment or receipt of child support impact my taxes? No.  Child support is not taxed as income to
Read More

Archives