Nebraska · Alimony · Updated Oct 2026

Alimony in Nebraska

What Nebraska law says about alimony: when a court can order it, amount and length, how it relates to dividing property and how to ask for it.

The short answer

The judge may order alimony that is reasonable, based on the same factors as property division: circumstances of the parties, length of the marriage, contributions, interrupted careers or education, and whether the person asking can work without hurting the interests of children in their custody.

Property division
Equitable distribution
Law
Neb. Rev. Stat. 42-365.

When Nebraska courts can order alimony

  • The judge may order alimony that is reasonable, based on the same factors as property division: circumstances of the parties, length of the marriage, contributions, interrupted careers or education, and whether the person asking can work without hurting the interests of children in their custody.
  • Alimony can't be added later if the original decree didn't award any.

Amount, limits and length

No formula in the statute.

Law: Neb. Rev. Stat. 42-365.

Alimony and property in Nebraska

Alimony is decided separately from how property and debts are divided.

System
Equitable distribution
The rule
The judge divides property in a way that is reasonable, looking at the length of the marriage, each spouse's contributions (including caring for the children and lost career chances) and the circumstances of both of you.

How to ask for alimony in Nebraska

  1. Ask for it in your divorce papers

    You ask for alimony in the divorce case itself, in your petition or in your response to your spouse's petition. Use the court's official divorce forms: Divorce forms (Nebraska courts)

  2. Pay the fee or ask for a waiver

    $200 total to file a dissolution complaint (Nebraska Judicial Branch fee schedule, 'Dissolution Fee'); sheriff service costs extra. Can't afford it? Ask the judge to waive fees with a Request to Proceed Without Payment of Court Fees (Application to Proceed In Forma Pauperis), linked from the court's divorce self-help pages.

  3. Agree, or let the judge decide

    If you and your spouse agree, put it in your written agreement; if not, the judge decides. If parents have not submitted a parenting plan by the court's deadline, the court must order mediation or specialized alternative dispute resolution (with safety rules for cases with domestic abuse).

  4. Get it in the final decree

    Spousal support is ordered in the decree. Get a certified copy and keep it.

Questions about alimony in Nebraska

How does alimony work in Nebraska?

The judge may order alimony that is reasonable, based on the same factors as property division: circumstances of the parties, length of the marriage, contributions, interrupted careers or education, and whether the person asking can work without hurting the interests of children in their custody. No formula in the statute. Alimony can't be added later if the original decree didn't award any.

How much alimony is paid in Nebraska, and for how long?

No formula in the statute.

Is Nebraska a community property state?

No. Nebraska uses equitable distribution. The judge divides property in a way that is reasonable, looking at the length of the marriage, each spouse's contributions (including caring for the children and lost career chances) and the circumstances of both of you.

More about divorce in Nebraska

Alimony in nearby states

Sources

Last checked: Oct 24, 2026.