Nebraska Divorce Property Division

What the Law Says

Nebraska courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Nebraska's §42-365 states that “the purpose of a property division is to distribute the marital assets equitably between the parties,” ordered “as may be reasonable” — there is no statutory 50/50 anchor, and Nebraska case law customarily awards between one-third and one-half of the marital estate. The statute lists four criteria: the circumstances of the parties; the duration of the marriage; the history of contributions to the marriage, including contributions to the care and education of the children and interruption of personal careers or educational opportunities; and the ability of the supported party to engage in gainful employment without interfering with the interests of any minor children in that party's custody.

Division Factors (Neb. Rev. Stat. §42-365)

What Nebraska courts weigh:

1. Circumstances of the parties (Neb. Rev. Stat. §42-365)
2. Duration of the marriage
3. History of the contributions to the marriage, including contributions to the care and education of the children, and interruption of personal careers or educational opportunities
4. Ability of the supported party to engage in gainful employment without interfering with the interests of any minor children in the custody of that party

Common Questions