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.
- 2
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).
- 3
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.
- 4
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.
- 5
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.
- 7
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
Equitable Distribution, Not Community Property
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).
Equitable Does Not Mean Equal
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.
No Statewide Alimony Formula
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
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 Minor Children Stay Modifiable
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.
Binding Unless Unconscionable
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).
In Writing and Signed
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.
Terms Set Forth in the Decree
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).