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Is Nebraska an equitable distribution state?

Nebraska is an equitable distribution state. That means that if you decide to get a divorce, your assets should be divided equitably between you and your spouse. What is equitable? It's not 50/50. Instead, it's based on what is fair for each party.

When you try to divide your assets equitably, you first must decide which assets are marital assets and which are personal property. Marital assets are assets you share or have collected since you became married. Personal assets are things like inheritances or items you owned before your marriage. Bank accounts that have been kept separate may also be personal property.

Once you know which property is marital property, the assets must be given values. When you know how much the assets are worth, you can then divide the assets to give each person an equitable share.

For example, if the court determines that partner A should receive 75 percent of the property and partner B should receive 25 percent, it's easy to break down the $100,000 in assets they share to $75,000 for one person and $25,000 for another.

If you have an argument about which property is marital or which is separate, that's something you should focus on proving in court. Show documentation of when you purchased it or when it was shared among you, so you can have a better chance of obtaining your fair share of that asset's value in court. Your attorney can help you make sure you have all the correct documents in order to assert your claim on any assets you believe are shared.

Source: FindLaw, "Nebraska Marital Property Laws," accessed July 13, 2017

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