Do you need more information about alimony in the state of Nebraska? We’ve got you covered. Here’s a guide on what you need to know.
When you’re going through a divorce, it can be hard to navigate all of the changes happening in your life. Figuring out how to separate all aspects of a shared life can be tough when one partner has been financially responsible for the whole family. That’s where alimony comes in.
But what is alimony, and how does it work? This guide will help you learn everything you need to know about alimony payments in Nebraska.
The Basics of Alimony
In Nebraska, alimony is also called spousal support. Alimony isn’t automatic in Nebraska courts. One spouse has to request it and prove they need it. If a judge agrees that one spouse is financially dependent on the other, the judge will decide how much alimony to award.
A common way of determining the length of alimony in Nebraska is to award it for one year per every three years of the marriage. However, this is not a requirement. Additionally, if the dependent spouse remarries, then alimony is automatically canceled, even if it isn’t the end of the designated payment term.
It is legal in Nebraska to use a prenuptial agreement to exclude alimony payments. However, there are specific rules about prenuptial agreements you have to follow for the court to uphold the agreement.
For example, if denying alimony to the spouse requesting it would make the spouse eligible for public assistance, a judge can overrule the prenup to award alimony. Consulting with a lawyer before your sign a prenup will help make sure the agreement is legally binding.
How Long Do Alimony Payments Last?
There are three different types of spousal support: temporary, rehabilitative, and reimbursement.
Temporary Alimony
Temporary alimony is support for a financially dependent spouse during divorce proceedings. Once the divorce is finalized, temporary alimony ends.
Rehabilitative Alimony
Rehabilitative alimony refers to alimony payments that help bridge the gap for a financially dependent spouse while they transition to supporting themselves. This is the most common kind of alimony in Nebraska. In most cases, a judge will set an endpoint for rehabilitative payments based on the dependent spouse meeting certain criteria (such as getting a job) rather than time-based payments.
Reimbursement Alimony
The last kind of alimony, reimbursement alimony, is less common. This type of alimony is used to reimburse one spouse for large expenses they paid for the other. A good example of this type of arrangement is if one spouse paid for the other’s schooling before the divorce. A judge could order that the spouse who received the education repay the spouse who paid for it.
The more time that passes between the original expense and the divorce, the less likely it is for a judge to award reimbursement alimony. These payments are more common for fields with advanced degrees than a high school diploma or bachelor’s degree.
Permanent Alimony
In very rare cases, a judge might award permanent alimony. Usually, this only happens at the end of very long marriages or situations where the dependent spouse is permanently unable to work.
Who Pays Alimony?
In Nebraska, either spouse can pay alimony. The judge will consider multiple factors, such as what each spouse contributed to the marriage (like child care and income earned), whether either spouse left a career for childcare, the level of care any children currently need, and how long the marriage lasted.
Nebraska alimony isn’t meant to punish either spouse. The ultimate goal for awarding alimony is to make sure both spouses are able to survive. The judge will make sure the agreement is reasonable, fair, and equitable.
One factor that isn’t included is who is at fault. In a divorce case where one spouse is “at fault,” that spouse could still be eligible for alimony. Alimony isn’t a fine or a form of restitution; it’s a tool to prevent financial problems for families as they go through the divorce process.
How Does Child Support Impact Alimony?
Alimony in Nebraska is calculated separately from child support. Child support rules are stricter and more specific than the calculations for alimony. The judge will usually rule on child support in a separate proceeding.
There isn’t a set formula in Nebraska to decide how much alimony you pay. The judge for your case will make a decision based on the specific financial facts of your case, including the level of support your children need.
Is Alimony Taxable?
Because of the 2017 Tax Cuts and Jobs Act, you can no longer deduct alimony payments from your federal taxable income. Previously, the spouse who was paying alimony could include alimony as a tax deduction, and the spouse receiving the support would report the alimony as taxable income.
Now, alimony payments are not considered tax-deductible, so the paying spouse pays income taxes on that money as they do with the rest of their income. The receiving spouse does not have to report the maintenance payments as taxable income.
As for Nebraska state taxes, local laws and income tax brackets determine who pays taxes on maintenance payments. If the alimony payments include child support, they may be taxed differently as well. A divorce lawyer can help you determine the right way to report alimony payments that you make or receive on your state taxes.
Do You Need to Go to Court to Get Alimony?
In Nebraska, the law allows spouses to decide an amount on their own through mediation. If a couple wants to avoid litigation, Nebraska alimony mediators are available. However, many alimony cases are decided by a judge in court.
Whether alimony is decided in front of a judge or in mediation, it will be written out in the divorce decree. Any changes to that decree do have to go through the court system.
Talk to a Lawyer About Alimony in Nebraska
When making a case for or against alimony payments, it helps to have the guidance of an expert lawyer.
If you’re going through a divorce, contact Husker Law at 402-415-2525 for an initial consultation. We can help you argue for a fair spousal support agreement.
