Nebraska Spousal Support Calculator

No. Nebraska does not have a statutory formula or mathematical guideline for calculating spousal support under §42-365.

Maintenance awards are determined by judicial discretion based on the statutory factors. The Nebraska Supreme Court in Scott v. Scott (2025) reaffirmed this discretionary standard, holding that an appellate court reviews alimony awards for abuse of discretion.

This calculator provides estimates based on common practices and case law patterns, but actual court orders may vary significantly.

Nebraska Revised Statutes §42-365; Scott v. Scott, 319 Neb. 877 (2025)

Nebraska recognizes three types of maintenance:

• Temporary Maintenance: Paid during divorce proceedings, ends when decree is finalized
• Rehabilitative Maintenance: For education/training to become self-supporting (most common type)
• Permanent Maintenance: Rarely granted, typically for long-term marriages where recipient cannot become self-supporting due to age or disability

Nebraska Revised Statutes §42-365

Nebraska courts consider four statutory factors:

1. The circumstances of the parties (age, health, income, assets, debts)
2. The duration of the marriage
3. History of contributions to the marriage (including childcare and career sacrifices)
4. The ability of the supported party to engage in gainful employment without interfering with minor children's interests

Courts also consider each spouse's earning capacity and general equities of the situation.

Scott v. Scott, 319 Neb. 877 (2025); Neb. Rev. Stat. §42-365

Marriage duration significantly impacts Nebraska maintenance:

• Under 10 years: Typically minimal or no support
• 10-20 years: Maintenance for a duration proportionate to the marriage length
• 20+ years: May result in indefinite support, especially when recipient cannot become self-sufficient

In White v. White (2025), the court addressed a 31-year marriage and affirmed the trial court's consideration of marriage duration as a key factor.

White v. White, 320 Neb. 256 (2025)

Yes, under §42-365:

• Automatic Termination: Upon death of either party or remarriage of the recipient
• Modification: Available for material and substantial change in circumstances
• Cohabitation: May be grounds for modification if relationship is akin to marriage

Under White v. White (2025), unsubstantiated claims of health issues do not justify modification without evidence of how they affect earning capacity.

Neb. Rev. Stat. §42-365; White v. White, 320 Neb. 256 (2025)

Nebraska is a pure no-fault divorce state.

• Marital misconduct such as adultery does not affect alimony awards
• Under Neb. Rev. Stat. §42-361, divorce is granted for "irretrievable breakdown" only
• Courts focus exclusively on economic factors under §42-365

Nebraska Revised Statutes §42-361, §42-365

For divorce agreements finalized after December 31, 2018: Alimony is NOT tax-deductible for the payor and NOT taxable income for the recipient under both federal and Nebraska law.

For pre-2019 agreements: The old tax treatment applies unless the agreement was modified after 2018.

Tax Cuts and Jobs Act of 2017; IRC §71

Under White v. White (2025), retirement affects maintenance cases as follows:

• Payor may petition to modify/terminate at retirement age
• Court examines whether retirement is reasonable based on age and health
• Unsubstantiated health claims without evidence do not justify modification
• Social Security benefits may be considered as income

White v. White, 320 Neb. 256 (2025)

Under Neb. Rev. Stat. §42-349:

• At least one spouse must have been a bona fide resident of Nebraska for at least one year before filing
• Exception: If the marriage was performed in Nebraska and either spouse has lived in the state continuously since the marriage
• Military personnel stationed in Nebraska for 1+ year also qualify

Neb. Rev. Stat. §42-349