Divorce often entails more than simply ending a marriage; it includes separating the shared elements of that relationship. Couples will have to agree on a plan to divide property, whether through mediation or court proceedings. To better illustrate how this process works, here are a few common questions that divorce attorneys receive about the division of property in Nebraska.

5 FAQ About Division of Property in Nebraska

What is equitable distribution?

Divorce laws in Nebraska follow equitable distribution. With this approach, a judge will review individual circumstances of the case to assign each spouse a specific percentage of ownership. By contrast, states that practice community property laws generally divide the marital estate into two equal parts.

What assets are exempt from consideration?

Typically, any assets purchased with separate—or nonmarital—funds will not be considered divisible in a divorce. For example, if a spouse purchased property before the marriage or with inheritance funds, they will likely be able to keep the asset.

What factors impact the granted percentage of property?

When a judge is assigning a percentage of ownership to each party, they will consider several factors, including:

• Fault: If one spouse caused the divorce, the injured party might receive a higher percentage.
• Child Custody: Spouses maintaining primary custody of children are typically awarded a higher percentage.
• Educational Support: If a spouse contributed to their partner’s educational pursuits—especially those linked to a higher income—they might be awarded a greater property percentage.   

Which party gets to keep the house?

If a spouse is providing primary custody of children, they will usually be able to stay in the home that was shared during the marriage. However, if the home was purchased prior to the marriage or with separate funds, then the original owner may get to retain the property. If there is no clear agreement to who can remain in the home, the property may be sold so the proceeds can be split according to assigned percentage values.

Can couples maintain control over property division decisions?

Mediation is a good alternative for couples that are pursuing an amicable divorce and want to maintain some control over property division decisions. Rather than each party hiring separate divorce attorneys and going to court, they will work together with a qualified mediator to create a mutually-agreed-upon plan for dividing assets.

While dividing assets can be a difficult part of a divorce, Payne Law Office is here to make the process as seamless as possible. Representing clients throughout Lincoln, NE, these divorce attorneys will provide individualized assistance to pursue solutions that best fit your case. If both parties are willing to compromise, this team can guide you through mediation to achieve fair results. If there are distinct disagreements, these attorneys will provide steadfast and strategic representation in court on your behalf. To learn more about their practice areas, or to schedule a free consultation, call (402) 477-7246.