Omaha Alimony & Child Support Attorneys

Slowiaczek Albers & Whelan has represented clients throughout Omaha and outstate Nebraska in alimony, spousal support, and child support matters. Our firm brings over 80 years of combined experience dedicated exclusively to family law, and our team-based approach means multiple attorneys review and work on every case, not just one assigned lawyer. The financial terms set during a divorce have lasting consequences, and we handle spousal support matters from initial negotiation through trial. We’re candid with clients about what the evidence supports from the start. Whether you’re negotiating a divorce settlement or enforcing an existing order, what you agree to now can shape your life for years to come.

A Complete Guide to Alimony Under Nebraska Law

Alimony is a court-ordered payment that one spouse pays the other during or after a divorce. Either spouse can request it, but the requesting spouse must show a financial need and that the other spouse has the ability to pay. Governed by Nebraska Revised Statute 42-365, alimony determinations are fact-specific and discretionary. Judges don’t apply a fixed formula. The facts of each case drive the outcome in Douglas County District Court.

Nebraska courts recognize three types of alimony, each serving a different purpose depending on the circumstances of the marriage and the dependent spouse’s situation.

Temporary Alimony: Financial Support During Divorce

Judges commonly award temporary alimony during the divorce process when one spouse is financially dependent on the other. It helps a lower-earning spouse make ends meet while adjusting to a one-income household and terminates when the divorce is finalized.

Rehabilitative Alimony: Supporting Future Independence

Rehabilitative support is awarded when a spouse needs education or job training to become self-supporting. Payments typically end when the supported spouse secures employment or completes a degree program.

Permanent Alimony: Long-Term Financial Stability

Permanent support is rare and generally reserved for long-term marriages where one spouse can’t become self-supporting due to age or disability. It isn’t always indefinite. The court may order termination on a set date or upon a specific event, such as the recipient’s remarriage. Marriages of 20 or more years most frequently prompt analysis of long-term or permanent support.

How Is Alimony Calculated in Nebraska?

There is no formula for calculating alimony in Nebraska. Judges have broad discretion and focus on giving the dependent spouse reasonable time to become self-supporting. Courts may order periodic payments (most common, typically monthly), a lump-sum payment (rare, but it ends the paying spouse’s obligation permanently), or a property transfer.

Once the court determines alimony is appropriate, it will weigh the following factors under Nebraska Revised Statute 42-365 to set the amount and duration:

• Each spouse’s financial circumstances
• The length of the marriage
• Both spouses’ contributions to the marriage, including childcare and education
• Whether either spouse interrupted a career or educational opportunity during the marriage
• The supported spouse’s ability to work without interfering with the children’s needs

Modifying or Terminating an Existing Alimony Order

Alimony orders aren’t always final. Either party can petition the Douglas County District Court to modify an existing order when there is a material change in circumstances: a significant income change, job loss, serious illness, or the recipient’s remarriage. Whether modification is available depends in part on whether the original order was designated modifiable or non-modifiable by agreement of the parties.

Courts don’t modify alimony retroactively, so timing matters. Acting promptly when circumstances change can protect your financial position. Under Nebraska Revised Statute 42-365, alimony also terminates automatically upon the death of either party or the remarriage of the recipient, unless the order specifies otherwise.

Consequences for Failing to Pay Court-Ordered Alimony

Failing to pay court-ordered alimony can result in tax intercepts, attorney fee awards, bank account seizures, driver’s license suspension, or, in the most severe cases, jail time for contempt of court. If held in contempt, the court may appoint an attorney for those who can’t afford one. Addressing non-payment promptly, by seeking a modification or bringing the matter before the court, can limit the consequences before they escalate.

How the Tax Cuts & Jobs Act Changed Alimony Treatment

The Tax Cuts and Jobs Act significantly changed how alimony is treated for federal tax purposes, and the rules depend on when the divorce agreement was finalized.

• Agreements finalized after December 31, 2018: Alimony payments are not deductible by the payer and are not taxable income for the recipient.
• Agreements finalized before January 1, 2019: The prior rules apply. Payments were deductible by the payer and taxable to the recipient.
• Modifications of pre-2019 agreements: Whether a modification triggers the new tax rules depends on whether the modification expressly adopts them.
• Proper documentation is essential for tax compliance regardless of when the divorce was finalized.

We recommend consulting a tax professional alongside legal counsel to ensure your agreement is structured appropriately. Slowiaczek Albers & Whelan can help you understand the legal side of structuring spousal support terms. A qualified tax advisor can address the financial planning implications.

Why Omaha Families Choose Slowiaczek Albers & Whelan for Spousal Support

Our attorneys have held national leadership positions in the American Academy of Matrimonial Lawyers, an organization whose membership is limited to family law attorneys who have demonstrated exceptional skill and integrity. That level of professional engagement directly informs how we approach alimony negotiation and litigation in Omaha. We know how these cases are litigated at the highest level, and we bring that perspective to every client’s matter.

Two of our partners hold AV-Preeminent ratings from Martindale-Hubbell, the highest peer-reviewed rating for legal ability and ethical standards. Best Lawyers has recognized Slowiaczek Albers & Whelan as a Best Law Firm for family law in the metropolitan Omaha area, and two of our attorneys have been named Best Lawyer of the Year within their individual practice areas. These recognitions reflect consistent peer assessment over time.

Our team-based model means every alimony case is reviewed by multiple experienced attorneys, not handled by a single lawyer in isolation. When negotiation doesn’t produce a result that serves the client’s interests, we don’t settle. We have the active trial experience to take a case into Douglas County District Court and the willingness to use it.

Schedule a Consultation with Our Omaha Alimony Attorneys

Our spousal support attorneys handle all aspects of alimony matters, from initial negotiation and structuring to modification proceedings and enforcement. Contact us today to schedule a consultation.

To schedule a consultation with our experienced Omaha alimony lawyers, call (402) 928-2007 or contact us online.