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

No Comments

Leave a comment
Comment Information

Contact Our Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

McHenry Haszard Law
1220 Lincoln Mall
Suite 250
Lincoln, NE 68508

Toll Free: 800-231-3624
Fax: 402-476-2301
Map & Directions

Phone: 402-858-4263