In Nebraska, a spouse going through a divorce could file a petition for alimony. When an alimony petition is brought before the court, there are many factors considered before a final judgment is made.
One of the main factors put into consideration is the ability of each spouse to maintain the same economic status that they had during the marriage.
This includes the skills attained during the marriage that will make either spouse marketable in the labor market. In a case where one of the spouses is at a disadvantage, the other spouse financially backs the disadvantaged party to a stage where the party can compete in the labor market, thereby becoming economically independent with time.
Also considered here is the sacrifice a spouse made for the other spouse to attain a particular educational level during the marriage.
Other factors that are heavily considered is the tenure of the marriage, the financial inputs each spouse contributed to the marriage success and health status of each spouse.
The ability of the spouse expected to cope with alimony payments financially is also a factor. In instances where the paying spouse is not able to deal, the spouse may not be required to pay.
The assets owned by each spouse is another factor that might be considered during alimony cases. Though where the assets are acquired before the marriage, such assets may not be looked into.
Child custody and support for the child by both parties are issues considered in alimony cases. In situations where the party seeking custody of the child is not financially capable or is not considered to be in a good health state to take care of the child, it could influence the decision to be made by the judge.
Any other factor the court deems necessary to be considered in the case will be legally looked into. But, in situations where no agreement is reached between the parties, the presiding judge makes the final decision.
The factors for calculating alimony payments.
Nebraska has some requirements to be satisfied when calculating the payable amount and duration.
In calculations of alimony, are they statues to be considered?
The state of Nebraska has a defined number of factors to be satisfied by the presiding judge before deciding on payments of alimony. These factors may be connected directly with the formula used in calculating alimony payment for Nebraska.
Is the reason for divorce considered?
The reason for filing for divorce is not a factor that is considered by the family court in Nebraska and as such alimony payment calculations are not influenced by such.
Is the standard of living a factor considered?
In a case of alimony brought before the family court in Nebraska, the judge takes into consideration the living standard of the petitioner during the tenure of the marriage before deciding on the amount of alimony to be paid.
Is child custody status considered?
The presiding judge in an alimony case in the state of Nebraska considers who has custody of the children before making a judgment on alimony calculations. If the petitioner is the one with child custody, a case for higher alimony payments will go in favor of the petitioner.
How exactly is the amount of alimony to be paid calculated in Nebraska?
The calculation of alimony to be paid is done by the presiding judge based on each case as the court deliberates it. Some states have a particular amount to be paid but here the amount to be paid and the duration-if granted to the petitioner- is entirely at the presiding judge’s discretion.