Generally, the acquisitions made by either party during the course of their marriage is considered marital property and thus subject to division upon divorce. But acquisitions made prior to the date of the marriage, inheritances, and some other types of property are considered the personal property of the respective party. The concept of community property, in which all marital property is divided 50/50, is still used by a few states. But most states take an "equitable division" approach that may not be equal (as in "50/50"), but considers the means and needs of each party and other, more practical concerns.
Nebraska Marital Property Laws: Overview
Nebraska is a so-called "equitable distribution" state, which means the marital property is split in a manner considered fair by the court, with the parties strongly encouraged to work out a settlement first. The state first decides whether property is marital or personal property, values these assets (and liabilities, such as debt), and then divides the assets with the goal of providing each party with a fair deal. The court will consider a number of factors, such as the contribution of each party to the relationship (including unpaid work) and each party's earning potential, when reaching its decision.
See the following chart for additional information about Nebraska marital property laws, and FindLaw's Divorce and Property section for additional articles and helpful resources.
What is Not Considered Marital Property?
Property belonging to just one party and not considered marital property includes anything acquired before the date of the wedding; pension proceeds; personal gifts; courts awards; and inheritances. And any property acquired with non-marital assets -- such as a home purchased with money from an inheritance -- also is considered non-marital property.
| Community Property Recognized? | No. unless can prove otherwise (§42-603) |
| Dower And Curtesy | Dower and curtesy abolished (§30-104) |
Note: State laws are always subject to change through the enactment of new legislation, decisions from higher courts, and other means. While we strive to ensure the accuracy of these pages, you may also want to contact a Nebraska divorce attorney or conduct your own legal research to verify the state law(s) you are researching.
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Nebraska Marital Property Laws: Related Resources
