Nebraska Divorce Laws Property
When filing for divorce and looking ahead at dividing property, one might be tempted to assume that their state will divide property in half between the two spouses.
Is Everything Split 50/50 in a Divorce?
However, in Nebraska, this is not the case. Nebraska does not divide property between two people in an exact split. Rather, Nebraska relies on what is known as equitable distribution.
What is Equitable Distribution?
Equitable distribution of property means that the property up for discussion in a divorce will be divided in a just manner based on what each spouse contributed during the marriage. Only property that was acquired during the marriage will be up for distribution through this manner; any property not obtained during the marriage is not considered in court.
Equitable distribution only takes place when the case reaches court. The divorcing couple has the opportunity to work through property division without a judge on their own, but the case only goes to court when they cannot work out a division on their own.
How Equitable Distribution Works
In order to make an equitable distribution of property, a judge will first examine the typical factors in property division, such as the length of the marriage and each spouse’s financial and non-monetary contributions to property acquisition. The judge will then review each person’s individual contributions to the marriage, both monetary and non-monetary, and will determine property distribution based on those acquisitions.
As mentioned, this division may not equal an exact split of property between the two individuals. If one party contributed more during the marriage than the other, it is highly likely that that person will receive more when the divorce is finalized based on equitable distribution.
If you are concerned that you may not receive property that meets the equitable distribution requirements in Nebraska, you need to speak with an attorney capable of representing you in court and fighting for your rights to what you’ve earned. At Reagan, Melton & Delaney, L.L.P. we know how to approach your case professionally while working to get you what you deserve.