A Focused Approach To Divorce And Family Law

Omaha family law attorney Matt Higgins is AV Preeminent* peer review-rated through Martindale-Hubbell, the highest rating, for legal abilities and ethical standards.

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A Focused Approach To Divorce And Family Law

Omaha family law attorney Matt Higgins is AV Preeminent* peer review-rated through Martindale-Hubbell, the highest rating, for legal abilities and ethical standards.

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A Focused Approach To Divorce And Family Law

Omaha family law attorney Matt Higgins is AV Preeminent* peer review-rated through Martindale-Hubbell, the highest rating, for legal abilities and ethical standards.

DIVORCE AND FAMILY LAW REPRESENTATION IN OMAHA, NEBRASKA

If you are divorcing someone you have been financially dependent on, your economic stability after the divorce can be your primary concern.

Alimony or spousal support can be an option for people in the situation. However, it is crucial to know that this type of support is not awarded in every case. The following factors will influence whether you receive alimony in a Nebraska divorce.

Financial resources

Alimony is a financial matter, and a primary consideration is whether there is a need for such support. This need is determined by assessing economic factors like:

  • Each person’s income
  • Whether one person left their career to care for the children or home
  • The time and effort it would require for a party to become financially independent
  • The division of property
  • Financial and non-financial contributions during the marriage

These factors can all influence relative economic circumstances, making it reasonable for one person to pay support to the other after divorce or not.

Prenuptial or postnuptial agreements

If you have a prenuptial or postnuptial agreement in place and it addresses alimony, you may have already made the decision for or against this support.

However, people can contest these agreements, challenging their validity when the time comes to enforce them. For instance, a person might ask the courts to set it aside because someone coerced them into signing it or because it is invalid.

Certain types of misconduct

When determining alimony awards, the courts generally do not consider who is to blame for the divorce. However, certain types of misconduct can influence these decisions.

For instance, the courts may be less likely to award alimony to someone who was abusive or drained joint bank accounts to support extramarital relationships. 

Improving your chances at receiving support

If you are hoping to collect spousal support, you can influence your chances of this happening. One way is to negotiate an agreement outside of court. Doing this can allow you to maintain more control over the outcome of the issue instead of leaving the decision up to a judge.

You will also want to build a compelling argument in your favor by having the necessary financial documentation and information you need to prove that continued maintenance is appropriate.

You may not know what to expect after divorce, but planning ahead and pursuing support can make your future less unsettling.