Division of Marital Assets in a Nebraska No Fault Divorce

By Heather Frances J.D.

While Nebraska provides fault-based grounds for divorce, it also provides a no-fault ground, or irretrievable breakdown of the marriage. Nebraska law makes no distinction between property division in a fault-based divorce and a no fault-based divorce, since property is divided equitably between the parties regardless of whether one spouse’s actions caused the divorce.

Equitable Distribution

Nebraska courts must order property to be distributed equitably between spouses, but this does not necessarily mean an equal split. The marital assets simply must be split in a way that is just and reasonable under the circumstances. A couple’s debts are also divided equitably.

Marital vs. Non-Marital Property

Not all property that you and your spouse own is considered marital property, and only marital property is divisible by the court in a divorce. Marital property is generally all property you or your spouse acquired during your marriage. Non-marital property is property you or your spouse owned before your marriage or acquired during your marriage by inheritance or gift. Non-marital property also includes income derived from non-marital assets. For example, if you receive real estate as an inheritance and then rent out that real estate, the rental income is considered non-marital property.

Divorce is never easy, but we can help. Learn More

Reaching Agreement

If you and your spouse agree on property division, you won’t have to rely on the court to divide your property. A Nebraska court will likely accept a mutual agreement that includes your preference for how your assets should be distributed and order the assets to be divided per your request. If you and your spouse cannot agree about how your assets should be distributed, the court will make its own determinations based on evidence it receives in your case. It will classify which of your assets and debts are marital property, value them and then divide the net value between you and your spouse.

Court Considerations

The court considers various factors when dividing marital assets, but fault is not one of them. Factors include the length of the marriage, what each spouse contributed to the household and care of the children, whether a spouse’s career or education was interrupted by the marriage, and the ability of a spouse to be employed after the marriage ends, including any impact custody of the children will have on the custodial parent's ability to work. Often, a Nebraska court will award a spouse between one-third and one-half of the marital property.

Divorce is never easy, but we can help. Learn More
What Is an Absolute Divorce in Tennessee?

References

Related articles

Is New Jersey a Community Property State When it Comes to Pension & Social Security?

During your divorce proceeding, the New Jersey court has authority to divide your marital property, including real estate, personal belongings and some retirement benefits. If you don’t want the court to divide your property, you and your spouse can mutually agree on a division and distribution of marital property, and the court may adopt that division. But New Jersey courts do not have authority to divide Social Security benefits.

Is Inheritance a Marital Asset in Florida?

If you are getting a divorce in Florida, the property you and your spouse own together -- the so-called marital assets -- will have to be split. Whether or not an inheritance is considered part of the marital assets depends on a few different factors, including whether the inheritance was left to one or both spouses and whether the inheriting spouse kept the inheritance separate or commingled it with other marital assets.

Florida Divorce Laws on Infidelity

No-fault divorce states, such as Florida, grant divorces on the premise that sometimes marriages just don’t work out. The spouse who wants to end the marriage doesn’t have to prove that her partner committed any wrongdoing. She only has to tell the court that the marriage can't be saved. However, if her spouse was unfaithful, and if she can prove his infidelity, Florida law allows judges to take it into consideration when deciding certain issues.

Get Divorced Online

Related articles

What Are the State of Wisconsin Laws on Dividing Assets After a Divorce?

Valuating and dividing up your assets can further complicate the already contentious matter of divorce. Wisconsin law ...

New York State Divorce Laws

In 2010, New York became the last state in the country to embrace the concept of no-fault divorce. The legislature ...

Texas Law Regarding Assets in Divorce

Divorce laws in Texas are complicated by the fact that, technically, it is a community property state, but in reality, ...

How to Divide Up the Assets for a Divorce in Illinois

In Illinois, you have the right to reach a property settlement agreement with your spouse: the two of you can mutually ...

Browse by category
Ready to Begin? GET STARTED