{"id":374717,"date":"2016-03-31T21:35:52","date_gmt":"2016-04-01T02:35:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/nebraska-law\/nebraska-marital-property-laws.html"},"modified":"2024-06-21T12:43:01","modified_gmt":"2024-06-21T17:43:01","slug":"nebraska-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/nebraska-law\/nebraska-marital-property-laws.html","title":{"rendered":"Nebraska Marital Property Laws"},"content":{"rendered":"\n
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Nebraska Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Nebraska, like most states, is an equitable distribution state. In these states, all property a couple acquires during a marriage is marital property<\/a>. During a divorce or legal separation, all marital property gets divided fairly between the parties. The division of assets depends on the financial circumstances of the parties, so it may not be equal.<\/p>\r\n

A few states, such as California and Texas, are community property<\/a> states. In these states, courts divide marital property 50\/50 between the spouses. Each state has its own definition<\/a> of community and separate property. Equitable division gives judges more discretion in dividing property.<\/p>\r\n

Couples can decide how to divide marital and separate property during the divorce process with a prenuptial agreement or other written property settlement agreement. Nebraska judges review these agreements and make them part of the divorce decree if the judge finds them fair and equitable (Nebraska Revised Statute \u00a742-366<\/a>).<\/p>\r\n

Note:<\/b> State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should always consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.<\/i><\/p>\r\n

Marital Property vs. Separate Property<\/b><\/h2>\r\n

In Nebraska (NRS \u00a7 42-617), marital property<\/b> is all property acquired during the marriage by either or both spouses. It\u2019s also:<\/p>\r\n