Marital vs. non-marital property in Nebraska, explained

One of the most challenging issues for people facing divorce is how the property will be divided. Nebraska has a three-step process for deciding how property should be divided.

First, the Court makes a determination of the “marital estate,” which basically means the property that was acquired during the marriage that was the “joint effort of the parties.” What that tends to mean is that property that was acquired while the parties were married and living together will be included within the marital estate to be divided.

In that process, the Court also determines what property is non-marital, meaning property that would not be included within the marital estate. Property that was acquired by either party before the marriage, or property that was given to one of the parties by gift or inheritance, is generally considered to be non-marital, and not included in the marital estate. However, there are times where property that ordinarily would be considered non-marital can be included in the marital estate. Usually this would involve either property where significant marital funds were used to improve or upgrade the property, or if the non-marital property was co-mingled with marital property.

Once the Court makes a determination of the marital estate, the Court then makes an “equitable division” between the parties. Usually this means something close to a 50/50 split, but can be as much as a one-third/two-third split depending on what the Court thinks is equitable (which basically means fair).

If you are faced with an impending divorce and have questions about how your property could be divided, contact us. We can apply our years of experience to discuss your options and work on possible solutions for you.