If you are facing a divorce, you may be wondering about alimony or spousal support. Alimony varies from state to state, and internet searches about the topic can be confusing and misleading. Here, we will answer some common questions about alimony in Nebraska. You should consult an attorney for specific advice for your situation. 

What is alimony or spousal support?

Alimony or spousal support is money one spouse it required to pay the other. When alimony is ordered by the Court or agreed upon in a settlement, the paying spouse makes regular payments to the other on a set schedule for a determined amount of time. Alimony and spousal support are essentially the same thing. However, spousal support is different than child support. Child support is to provide for a child, and spousal support is intended to support the receiving spouse.

Generally, alimony is meant to be temporary and will only be paid for a specified period of time. It is not intended to be a lifelong payment. 

How can I get alimony?

You will need to request alimony; the Court will not automatically grant alimony. Likewise, if your spouse wants you to pay alimony, they will need to make that request to the Court. The Court will weigh several factors in determining whether to award alimony. 

If you do not ask for alimony during the divorce, you cannot ask for alimony later. You should thoroughly discuss your options for alimony with your attorney during the divorce proceedings. 

How does the Court determine the amount of alimony or spousal support?

The Court will look at each spouse’s contribution to the marriage. This includes not only economic contributions, but also contributions through caring for the home, caring for the children, and supporting the other spouse in attaining education or career advancements. The Court will also consider the duration of the marriage, the income disparity between the spouses, whether there are any children from the marriage, and the lifestyle or standard of living maintained during the marriage. 

How much alimony can I expect to get or have to pay?

If the Court determines the amount of alimony, it has the discretion to enter an order for fair and equitable alimony. While there are calculators on the internet that claim to be able to tell you the amount of alimony, the truth is that the final decision of the judge cannot be predicted by a calculator. You should go over the different factors specific to your case with an attorney to get an idea of what the Court will consider an equitable alimony award. 

Alimony will be set for a specific period of time and will end if the receiving spouse gets remarried. Alimony can also affect a person’s ability to qualify for public benefits, including Medicaid. 

What happens if the alimony does not get paid?

If alimony does not get paid, it is enforceable by the Court, and the spouse ordered to pay alimony may face serious consequences including being held in contempt of court and even jail time. 

Navigating a divorce can be daunting, and alimony is a complex legal topic. At McGill Law we can provide you with guidance and strong legal support throughout the transitional time of a divorce. Call us at (402)548-5418 to find out more about how we can help you.