Nebraska Divorce Alimony
The Nebraska divorce alimony can be awarded to either of the spouse. In case one of the spouses, husband or wife is unable to maintain the standard of living that he or she used to lead during the marriage life. The marital misconduct is not a matter of concern while determining the divorce alimony. Alimony is not a form of punishment rather it is a method by which stability of financial resources among both the spouses during the post divorce can be brought about. Though the decision of awarding of alimony entirely depends upon the discretion of the judge there are certain guidelines that are taken into account while granting alimony. The following are the determinants of Nebraska divorce alimony mentioned in Nebraska Statutes of chapter 42 in sections: 365.
There is a variety of Nebraska divorce alimony, permanent, lump sum, temporary, and rehabilitative form of alimony. A temporary support is provided to the spouse during the pending of the divorce case. The alimony can not be modified if it is not mentioned in the original divorce decree. The alimony payment gets terminated the moment either of the spouses dies or the receiving party engages himself or herself in remarriage.
- The nature of circumstances faced by both the parties after the divorce. The financial as well as various mental or emotional circumstances of the spouses especially of the one who is seeking the alimony is an important determinant for rewarding alimony.
- The length of the marriage an important factor for calculating the amount of alimony that is to be awarded. The duration of marriage life is accounted for the time span up to which the alimony should be provided incase of a temporary form of alimony.
- The degree of contribution made by each of the spouses during their marriage life for the betterment of the family. Not only financial but also services that include homemaking, child care and even support to the other spouse when he or she was pursuing his or her career objective.
- The extent of sacrifice made by the receiving spouse is also a parameter for awarding divorce. If the alimony seeking spouse who is at present unable to get an employed had once ignored his or her career ambitions only to support the other spouse in achieving excellence in career and have help him or her to accumulated resources, the court sanctions spousal support to the economically weaker spouse.
- The income generating potential of the receiving spouse in future is also taken under consideration while granting alimony. Normally, the duration of the alimony is determined based on this parameter.
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