If you and/or your spouse recently decided that divorce is the healthiest way forward, it is time to start thinking about your marital property. It is certainly possible that this is the last thing that you care about at the moment. You may, depending on how you’re processing the situation, be tempted to simply walk away from your marital assets. Yet, you’ll need to dig deep for a little while, as formulating a solid asset division plan can dramatically impact your future.
Because Nebraska is an equitable distribution state, you and your spouse don’t necessarily have to split the value of your marital estate 50/50. Instead, you can mutually agree to divide your joint property in whatever way you want. If your divorce becomes contentious and a judge is called upon to settle your differences, they can divide your marital assets in whatever way they believe is “fair.”
What “fair” looks like under the circumstances
Before committing to a mutually-agreeable arrangement – or an argument to present in court – take some time to consider what “fair” really looks like under the circumstances. If you and your spouse have enjoyed a relatively equitable partnership and “what’s mine is yours” has been the order of the day, it may make sense to split the value of your marital estate equally.
But, if there are valid reasons why you should receive a greater share of the value of your marital estate, discuss these circumstances with an attorney. You may be entitled to more than half of your marital property. Regardless of how you choose to agree – or fight – to divide this property, you’ll want to get what you’re fairly owed in order to better start your newly single life off on strong financial footing.
