Omaha, Nebraska, Spousal Support Attorneys
If you need an Omaha spousal support lawyer, contact Higgins Law at 402-933-7600 to schedule a consultation.
Spousal support, also known as spousal maintenance or alimony, is calculated differently from child support. The court will consider several factors in determining whether spousal support should be awarded and in what amount. Factors such as length of marriage, financial contribution of each spouse, forgone education or employment opportunities, and the earning potential of each party will be considered.
Whether you are seeking alimony or resisting its award, your attorney must present effective, well-reasoned arguments as to why such support is necessary – or not. Count on our attorneys at Higgins Law to develop a strong case strategy after thoroughly investigating your situation.
What Nebraska Law Says About Spousal Support
In Nebraska, the courts may award alimony to provide reasonable spousal support to the receiving spouse. This helps them develop necessary skills to become self-supporting or financially independent. A judge never treats spousal support as a punishment, reward or income equalizer. State law outlines specific factors in determining spousal support:
- Duration of the marriage: How long the marriage lasted
- Financial circumstances: Each spouse’s income, earning potential and relative financial standing
- Contributions to the marriage: Each spouse’s contributions to homemaking, childcare and supporting one another’s career
- Childcare responsibilities: A parent’s ability to seek gainful employment without affecting a child’s best interests
Based on these factors, the presiding judge can choose from the four types of alimony to see which one fits the circumstances of the family best:
- Temporary: Support awarded while the divorce is pending to help one party cover their living expenses
- Rehabilitative: Short-term support that allows a spouse time to obtain an education, job training or work experience needed to re-enter the workforce
- Reimbursement: Support designed to pay one spouse’s significant financial contributions made toward the other’s career
- Permanent or long-term: Support often awarded to long-term marriages or when a spouse can no longer be self-sufficient because of their age or disability
For divorces finalized on or after January 1, 2019, a paying spouse cannot deduct alimony payments from their income. Support should directly come from post-tax dollars. As for the receiving spouse, they do not have to report alimony payments as taxable income.
Spousal support can end depending on what’s provided in a written agreement or court decree. If no provisions addressing this matter exist, alimony obligations stop when either spouse passes away or the receiving spouse remarries. Nebraska law allows spousal support modification, provided that either party proves a material and substantial change in circumstances occurred. However, modification may not be possible if the original agreement clearly forbids it.
As spousal support attorneys, we can guide you throughout the modification process. After checking your decree to confirm permitted modifications, we’ll help you file a complaint in court and serve the other party. Whether you’re the receiving or paying spouse, you can count on us to present necessary evidence that proves why you need to modify the support amount.
Work With Experienced Nebraska Alimony Lawyers
In Nebraska, the awarding of spousal maintenance is not mechanical and automatic as with child support determinations. If a compromise cannot be reached, you will need to present the matter to the court. At Higgins Law, our attorneys have over 30 years of experience providing exceptional representation through all phases of the divorce litigation and mediation process. Our clients can rely upon our knowledge of the law and the details attendant to spousal support. As a recognized legal resource, founding attorney Matt Higgins enjoys the distinction of being AV Preeminent* peer-review-rated through Martindale-Hubbell.
To schedule a consultation with an experienced Omaha spousal support lawyer, call 402-933-7600 or complete our online contact form.
*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.