When going through a divorce in Nebraska, one of the major financial issues that often arises is alimony, also called spousal support or maintenance. Alimony ensures that the lower-earning spouse can maintain a reasonable standard of living after the marriage ends.
Unlike child support, Nebraska does not use a strict formula or calculator to determine alimony. However, legal professionals often use unofficial Nebraska alimony calculators to estimate payments during divorce planning or negotiation.
What Is Alimony?
Alimony is a court-ordered payment from one spouse to the other during or after a divorce, intended to reduce economic inequality caused by the dissolution of marriage. Its purpose is not to punish but to ensure fairness and prevent undue financial hardship.
In Nebraska, alimony is governed by Nebraska Revised Statute § 42-365, which grants courts broad discretion in determining if alimony is appropriate, and if so, how much and for how long.
Types of Alimony in Nebraska
1. Temporary Alimony
Also called pendente lite support, this is paid during the divorce proceedings to support the lower-earning spouse until a final decree is issued.
2. Rehabilitative Alimony
Helps the receiving spouse gain education, training, or job skills to become self-supporting.
3. Permanent Alimony
Less common and typically reserved for long-term marriages where one spouse may never be able to become financially independent due to age, health, or long-term caregiving responsibilities.
Is There an Official Nebraska Alimony Calculator?
No, Nebraska does not use a formal formula or statutory calculator for alimony like it does for child support. Alimony is decided on a case-by-case basis by the judge, who considers various legal and financial factors.
However, you can use an unofficial Nebraska alimony calculator for estimation purposes. Many lawyers and mediators use basic guidelines, such as:
Estimated Alimony = (30% of Payor’s Gross Monthly Income) – (50% of Recipient’s Income)
This is a general guideline and not legally binding. The court may modify it significantly depending on the facts of the case.
Factors Considered in Nebraska Alimony Awards
The Nebraska courts evaluate several factors to determine if alimony should be awarded. According to Neb. Rev. Stat. § 42-365, these include:
- Length of the marriage
- Financial resources and income of both parties
- Contribution to the marriage, including homemaking or career sacrifices
- Education and employability of both spouses
- Custodial responsibilities of children
- Standard of living during the marriage
- Tax implications
Notably, marital fault is not a factor in Nebraska unless it significantly impacts the financial situation (e.g., waste of marital assets).
Sample Nebraska Alimony Calculator Estimation
Here’s a sample estimation using the informal guideline above.
Example:
| Spouse A (Payor) | Spouse B (Recipient) | |
|---|---|---|
| Gross Monthly Income | $6,500 | $2,000 |
| Marriage Duration | 15 years |
Step 1: Calculate Potential Support
- 30% of Payor’s Income = $1,950
- 50% of Recipient’s Income = $1,000
- Estimated Alimony = $1,950 – $1,000 = $950/month
Step 2: Court Adjustments
The judge may increase or decrease this based on:
- Standard of living
- Child custody
- Health or age of the spouses
- Time needed for retraining or education
Final court-ordered alimony could differ significantly from the estimate.
Duration of Alimony in Nebraska
There’s no fixed rule in Nebraska law for how long alimony lasts, but general trends include:
- Short-term marriages (<10 years): Rarely result in long-term alimony.
- Medium marriages (10–20 years): Alimony may be ordered for several years, especially if one spouse needs time to become financially self-sufficient.
- Long-term marriages (20+ years): Courts may award long-term or even permanent alimony.
The goal is to provide support only as long as reasonably necessary for the recipient to become self-sufficient.
Can Alimony Be Modified in Nebraska?
Yes, Nebraska allows alimony modifications when there is a material change in circumstances. Either party may request a change in:
- Amount
- Duration
- Termination
Valid Reasons for Modification:
- Job loss or significant income reduction
- Medical issues
- Retirement
- Recipient cohabitation or remarriage
All requests must be filed with the court, and alimony does not change automatically—a judge must approve any modification.
Tax Implications of Alimony in Nebraska
As of January 1, 2019, under the federal Tax Cuts and Jobs Act:
- Alimony payments are not tax-deductible for the payor
- Alimony payments are not considered taxable income for the recipient
These rules apply to divorces finalized on or after January 1, 2019. For older divorces, the previous tax rules still apply unless modified after 2019.
Alimony vs. Property Division
It’s important to separate alimony from property division:
- Property Division: Nebraska follows equitable distribution (not necessarily 50/50).
- Alimony: Provides post-divorce income support.
The court may use property division in place of alimony or vice versa, depending on the couple’s financial circumstances. For example, a spouse may receive more marital property instead of ongoing spousal support.
What Happens if the Recipient Remarries or Cohabits?
Remarriage:
In most cases, alimony terminates automatically upon the recipient’s remarriage.
Cohabitation:
Nebraska does not have automatic termination of alimony for cohabitation, but the paying spouse can request a modification if:
- The recipient is living with a new partner
- Their financial needs have changed as a result
Evidence must be provided in court to support this request.
How to Use a Nebraska Alimony Calculator
While not official, a Nebraska alimony calculator or spreadsheet can help you:
- Estimate support amounts for planning
- Evaluate budgets for post-divorce life
- Facilitate negotiations in mediation or settlement talks
Key Inputs for a Calculator:
- Both parties’ gross monthly incomes
- Marriage duration
- Expenses for housing, food, transportation, health insurance, etc.
- Child custody and support details
Would you like a downloadable spreadsheet calculator? I can create one tailored to your case.
FAQs About Nebraska Alimony
Can either spouse request alimony?
Yes. Nebraska is gender-neutral when it comes to alimony. Either spouse can request support.
Does adultery affect alimony?
No. Nebraska is a no-fault divorce state, and adultery generally doesn’t affect alimony unless it significantly impacted the couple’s finances.
Can I waive alimony in a prenup or divorce agreement?
Yes. Spouses can waive alimony rights in a prenuptial or divorce settlement. Once waived, it usually cannot be reinstated later.
Is spousal support paid in a lump sum or monthly?
Alimony in Nebraska is typically paid monthly, but parties can agree to a lump sum if both prefer.
Tools and Resources
- Nebraska Judicial Branch (Divorce Info): https://supremecourt.nebraska.gov
- Nebraska Revised Statutes § 42-365: https://nebraskalegislature.gov
- Legal Aid of Nebraska: https://www.legalaidofnebraska.org
- Lawyer Referral Program (Nebraska State Bar): https://www.nebar.com
Final Thoughts:
While Nebraska does not have a mandatory formula for calculating alimony, using a Nebraska alimony calculator can give you a starting point for negotiations and financial planning.
Always remember:
- Calculators offer estimates only
- Courts have wide discretion
- A lawyer can give you the most accurate prediction
If you are considering divorce or negotiating spousal support, consult with a Nebraska family law attorney for guidance tailored to your situation.