Nebraska Marital Settlement Agreement
A Nebraska marital settlement agreement lets divorcing spouses divide their marital property, set spousal support, and address custody and child support, then have those terms set forth in the divorce decree. Attorney review available.
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Introduction
Nebraska divides a divorcing couple's marital estate as is reasonable and not by any precise mathematical formula (Neb. Rev. Stat. 42-365), which makes a marital settlement agreement, the written contract spouses use to settle their property, debts, spousal support, and (by reference) custody and child support, the way to decide those terms yourselves and have them set forth in the decree that ends the marriage. Nebraska is not a community property state; it follows equitable distribution. On dissolution the court divides the marital estate as is reasonable, having regard for the circumstances of the parties, the duration of the marriage, and each party's contributions, and that division is not subject to a precise mathematical formula (Neb. Rev. Stat. 42-365). A fair result is the goal, not automatically a 50/50 split. Nebraska has no statewide formula for alimony; the court weighs the same 42-365 factors, and alimony should not be used to equalize the incomes of the parties or to punish one of them. A settlement agreement gives you room to set these terms yourselves: except for terms about the support and custody of minor children, the agreement is binding on the court unless the court finds it unconscionable (Neb. Rev. Stat. 42-366). Custody and child support follow the guidelines the Supreme Court provides by court rule as a rebuttable presumption (Neb. Rev. Stat. 42-364.16), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. No suit for divorce is heard until sixty days after service of process (Neb. Rev. Stat. 42-363). DocDraft builds your Nebraska marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
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Nebraska hears no suit for divorce until sixty days after service of process (Neb. Rev. Stat. 42-363), and a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be set forth in the decree that ends the marriage.
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Nebraska is an equitable distribution state, not a community property state. On dissolution the court divides the marital estate as is reasonable, having regard for the circumstances of the parties, the duration of the marriage, and each party's contributions (Neb. Rev. Stat. 42-365).
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Equitable does not mean equal. Division of property and the award of alimony are not subject to a precise mathematical formula, so a Nebraska division is meant to be fair for your situation rather than an automatic 50/50 split.
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Nebraska has no statewide formula for alimony. The court weighs the same 42-365 factors, including the duration of the marriage, each party's contributions, and the ability of the supported party to engage in gainful employment, and alimony should not be used to equalize incomes or to punish a party.
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Except for terms about the support and custody of minor children, the terms of a Nebraska settlement agreement are binding on the court unless the court finds, after considering the economic circumstances of the parties, that the agreement is unconscionable (Neb. Rev. Stat. 42-366).
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Child support follows the guidelines the Supreme Court provides by court rule as a rebuttable presumption (Neb. Rev. Stat. 42-364.16). Terms for the support and custody of minor children are never binding on the court, stay subject to court approval, and remain modifiable, so they cannot be bargained away.
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Unless the agreement provides otherwise, its terms may be set forth in the decree and the parties are ordered to perform them (Neb. Rev. Stat. 42-366). No suit for divorce is heard or tried until sixty days after perfection of service of process (Neb. Rev. Stat. 42-363).
Key decisions before you file
Before you file a Marital Settlement Agreement in Nebraska, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Nebraska Requirements for Marital Settlement Agreement
Nebraska is an equitable distribution state, not a community property state. On dissolution the court divides the marital estate as is reasonable, having regard for the circumstances of the parties, the duration of the marriage, and each party contributions (Neb. Rev. Stat. 42-365).
Division of property and the award of alimony are not subject to a precise mathematical formula. A Nebraska division is meant to be fair for the situation rather than an automatic 50/50 split, so a marital settlement agreement lets the parties set a division that fits their facts.
Nebraska has no statewide formula for alimony. The court sets any alimony as is reasonable, weighing the Neb. Rev. Stat. 42-365 factors including duration of the marriage and each party contributions, and alimony is not used to equalize incomes or to punish a party.
Child support follows the guidelines the Supreme Court provides by court rule as a rebuttable presumption (Neb. Rev. Stat. 42-364.16). Parties may agree on an amount, but child support cannot be bargained away and the court reviews it.
Terms for the support and custody of minor children are never binding on the court (Neb. Rev. Stat. 42-366). They remain subject to court approval and can be modified later in the best interests of the children, unlike a property division which can be made final.
Except for terms about the support and custody of minor children, the terms of a Nebraska marital settlement agreement are binding on the court unless it finds, after considering the economic circumstances of the parties, that the agreement is unconscionable (Neb. Rev. Stat. 42-366).
A Nebraska marital settlement agreement must be in writing and signed by both spouses. No Nebraska statute was located that requires the agreement to be notarized, but signing before a notary can still help prove the signatures are genuine.
Unless the agreement provides otherwise, its terms may be set forth in the decree of dissolution and the parties are ordered to perform them (Neb. Rev. Stat. 42-366). No suit for divorce is heard or tried until sixty days after perfection of service of process (Neb. Rev. Stat. 42-363).
Frequently Asked Questions
A marital settlement agreement in Nebraska is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support. It records what you have agreed so the terms can be set forth in the decree that ends the marriage. Nebraska is an equitable distribution state, so the court aims for a fair division rather than an automatic 50/50 split, and this agreement is where you set those terms yourselves (Neb. Rev. Stat. 42-365, 42-366).
A Nebraska marital settlement agreement is the private contract the spouses negotiate and sign; the divorce decree is the court order that ends the marriage. The two are connected: unless the agreement provides otherwise, its terms may be set forth in the decree of dissolution and the parties are ordered to perform them (Neb. Rev. Stat. 42-366). The agreement states the deal, and the decree gives it the force of a court order. The court must still review the agreement and, except for terms about minor children, will honor it unless it finds the agreement unconscionable.
Nebraska is an equitable distribution state, not a community property state. On dissolution the court divides the marital estate as is reasonable, having regard for the circumstances of the parties, the duration of the marriage, and each party's contributions (Neb. Rev. Stat. 42-365). Division is not subject to a precise mathematical formula, so equitable means fair, not necessarily equal. A Nebraska marital settlement agreement lets you agree on the division yourselves, and the court will accept it unless it finds the agreement unconscionable (Neb. Rev. Stat. 42-366).
Nebraska has no statewide formula for alimony. Under Neb. Rev. Stat. 42-365 the court sets any alimony as is reasonable, weighing factors that include the circumstances of the parties, the duration of the marriage, the history of contributions to the marriage, and the ability of the supported party to engage in gainful employment. Alimony should not be used to equalize the incomes of the parties or to punish one of them. In your Nebraska marital settlement agreement you can set support terms you both accept, subject to the court's review for unconscionability.
You can address custody and child support in a Nebraska marital settlement agreement, but you cannot bargain them away. Terms for the support and custody of minor children are never binding on the court (Neb. Rev. Stat. 42-366). Child support follows the guidelines the Supreme Court provides by court rule as a rebuttable presumption (Neb. Rev. Stat. 42-364.16). Custody and child support terms remain subject to court approval and can be modified later if circumstances change, because these decisions center on the best interests of the children.
Mostly, yes. Except for terms about the support and custody of minor children, the terms of a Nebraska marital settlement agreement are binding on the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence, that the agreement is unconscionable (Neb. Rev. Stat. 42-366). This gives a fair, freely made agreement real weight. Terms for minor children are the exception: they always stay subject to the court's approval and to the child support guidelines, and cannot be made unmodifiable.
After both spouses sign, and unless the agreement provides to the contrary, the terms of a Nebraska marital settlement agreement may be set forth in the decree of dissolution and the parties are ordered to perform them (Neb. Rev. Stat. 42-366). If the agreement says its terms shall not be set forth in the decree, the decree instead identifies the agreement, states that the court found the terms not unconscionable, and orders the parties to perform them. Either way, incorporation is what turns your private agreement into enforceable court orders.
Even with a complete Nebraska marital settlement agreement, no suit for divorce may be heard or tried until sixty days after perfection of service of process, at which time the suit may be heard or tried and a decree may be entered (Neb. Rev. Stat. 42-363). The sixty-day waiting period sets the earliest point the court can enter the decree. Settling early with a marital settlement agreement can reduce the paperwork and disputes but cannot shorten the statutory wait, and the court must still review your agreement.