How Do the Courts Determine Spousal Support Amounts?
Spousal support, often referred to as alimony, can often be a complicated and contested aspect of divorce proceedings. These payments are meant to provide financial assistance to a former spouse who may have been financially dependent during the marriage. If you are pursuing spousal support in a divorce, it's essential to understand the common factors that Nebraska courts will consider when making this decision.
At Abrahamson Law Office, located in Omaha, Nebraska, we are committed to demystifying this process and helping you understand how the courts determine spousal support amounts. Our firm serves Nebraska communities across Sarpy County, Douglas County, Washington County, Saunders County (Wahoo), Otoe (Nebraska City), and Dodge County (Fremont)
If you are going through a divorce and have questions about alimony, we can provide the guidance and assistance you need.
Understanding Spousal Support in Nebraska
Spousal support is a court-ordered obligation for one spouse to provide financial assistance to the other following a divorce or legal separation. The goal of alimony is to make sure that neither party faces undue financial hardship as they transition to life after marriage.
While not every divorce involves spousal support, Nebraska courts will award it in cases where there is a significant disparity in income or earning potential between the spouses. Nebraska law does not rely on strict formulas to calculate spousal support. Instead, judges have broad discretion to evaluate the unique circumstances of each case.
Types of Spousal Support in Nebraska
Nebraska courts can order various types of spousal support, depending on the unique needs and circumstances of the parties involved. The general types of spousal support granted in Nebraska include the following.
Temporary support: Designed to provide financial assistance during divorce proceedings and ending once the divorce is finalized.
Rehabilitative support: Awarded for a limited period to help the recipient spouse obtain education, training, or employment to become self-sufficient.
Permanent support: This is less common but more likely in long-term marriages with significant income disparities or when one spouse has limited earning potential due to age or health.
Lump-sum support: A one-time payment that fulfills the spousal support obligation.
Key Factors the Courts Consider When Determining Spousal Support
When determining the amount and duration of spousal support as part of a divorce or legal separation, Nebraska courts often consider various factors to make decisions are fair and equitable. The following are some of the most significant considerations.
The length of the marriage: Generally, the longer the marriage, the more likely the court will award spousal support. For marriages lasting 10 years or more, one spouse may have become reliant on the other's income, necessitating support to maintain their standard of living during and after the divorce process.
The financial circumstances of both parties: The courts closely examine each spouse's financial circumstances, including their income, assets, debts, and overall ability to meet their financial needs. Be prepared to provide detailed financial disclosures to make sure the court has an accurate picture of your situation.
The earning capacity and employment history of both spouses: A spouse who has been out of the workforce for an extended period, perhaps to care for children or manage household responsibilities, may need financial assistance to gain new skills or re-enter the job market.
Contributions to the marriage: Non-monetary contributions to the marriage, such as raising children, maintaining the household, or supporting the other spouse's career, are also taken into account. The courts recognize that these contributions, while not financial, often come at a personal financial cost to the contributing spouse.
Age and health: The age and health of both parties often influence spousal support decisions. Older spouses or those with health issues may face greater challenges in achieving financial independence, which can often result in more considerable or longer-term alimony awards.
Standard of living: The courts aim to make sure neither party experiences a drastic change in their standard of living as a result of divorce. While it may not be possible to maintain the exact standard of living established during the marriage, spousal support is designed to help bridge the gap.
Marital misconduct: Though Nebraska is a no-fault divorce state, marital misconduct typically does not impact divorce or property division directly. However, some judges may consider factors such as financial irresponsibility or deliberate dissipation of marital assets when determining spousal support.
Modifying or Terminating Spousal Support Orders
Spousal support orders are not always permanent, even if they are labeled as such. However, Nebraska courts permit modifications or terminations of alimony in cases where there have been substantial changes in circumstances. Some common reasons for modification include the following.
A significant increase or decrease in either spouse’s income.
The recipient spouse remarrying or entering into a new long-term relationship.
A change in the health or financial situation of the paying spouse.
Requesting a modification requires substantial evidence and a strong legal approach, and an experienced attorney can help guide you through the process if your circumstances change.
How an Attorney Can Help
Since Nebraska courts have significant discretion in awarding spousal support, presenting a compelling case requires thorough preparation and strong legal representation.
At Abrahamson Law Office, we work closely with you to gather the necessary evidence, including financial records, employment histories, and proof of marital contributions. This type of preparation enables you to provide a full and accurate understanding of your situation to the court, allowing a fair and equitable outcome.
We can also assist you in negotiating spousal support agreements outside of court, which can lead to faster resolutions and less contentious proceedings. Our focus is always on protecting your financial interests while minimizing stress.
Spousal Support Attorneys Serving Omaha, Nebraska
Spousal support decisions can have long-lasting financial implications for both parties. While the process may feel overwhelming, you don’t have to face it alone. At Abrahamson Law Office, we are dedicated to providing compassionate and knowledgeable legal guidance tailored to Nebraska law. Whether you are seeking spousal support or contesting an order, we are here to advocate for your rights and help secure a fair resolution.
If you have questions about spousal support or need help with your case, please reach out to us today to schedule a consultation. Located in Omaha, Nebraska, we serve clients throughout Sarpy County, Douglas County, and the surrounding communities.