Dividing The Marital Estate

Difficulties often arise in working through property division in a divorce. A skilled attorney will guide you through the process and keep a cautious eye out for overreaching while fighting diligently to protect your interests. To properly allocate real estate in a divorce, your lawyer must determine real estate values, separate the marital and nonmarital equity and, finally, recommend an equitable division of the property. Clients trust Higgins Law to resolve even the most complex matters in an effective and efficient manner.

Led by attorney Matt Higgins, we offer more than 20 years of experience handling Nebraska divorce, property division and other family law matters. Our attorney is AV Preeminent-rated* by Martindale-Hubbell. This rating reflects the dedication and professionalism with which he practices. This is the highest rating for legal ability and ethical standards.

Martial Property Versus Nonmarital Property

Real property purchased during a marriage is usually deemed marital property subject to the same division as any other asset. There are, however, exceptions, and identifying the facts that bring them to light takes the knowledge of experienced counsel.

Marital property is property you acquired during the marriage. Nonmarital property is property you acquired "outside" the marriage or before the marriage. We have the experience and expertise to identify, fight for and, ultimately, guide the allocation of your real property to an equitable, error-free division.

Dividing Retirement Accounts

Retirement accounts and other investment devices created and maintained during a marriage are usually deemed marital property subject to the same division as any other asset. There are, however, exceptions and identifying the facts that bring them to light takes the knowledge of experienced counsel. Often, a separate order will be issued as part of your divorce dividing certain types of retirement accounts. These are known as qualified domestic relations orders or "QDROs."

Identification of these assets (and those excepted out of the marital estate) is not the only consideration; the language of the decree and the court's QDRO needs to be precise. A misplaced word, sentence or date could cost you hundreds of thousands of dollars.

Whether you have a few hundred thousand to protect or a few million, Higgins Law has the experience and expertise to identify, fight for and, ultimately, guide the allocation of your retirement assets to an equitable, error-free division.

Book Your First Appointment With Our Firm

Please contact our firm to book your first meeting. We are happy to book consultations at a time that is convenient for you. Call 402-933-7600 or complete a form on our Contact page to schedule your meeting with attorney Matt Higgins. We are located in Omaha, Nebraska, and handle cases throughout the surrounding area.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories — legal ability and general ethical standards.