This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Nebraska Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse
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How to fill out Affidavit Of Defendant Spouse In Support Of Motion To Amend Or Strike Alimony Provisions Of Divorce Decree Because Of Cohabitation By Dependent Spouse?
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In Nebraska, either spouse can pay alimony. The judge will consider multiple factors, such as what each spouse contributed to the marriage (like child care and income earned), whether either spouse left a career for childcare, the level of care any children currently need, and how long the marriage lasted.
Factors which should be considered by a court in determining alimony include: (1) the circumstances of the parties; (2) the duration of the marriage; (3) the history of contributions to the marriage, including contributions to the care and education of the children, and interruption of personal careers or educational ...
Unlike child support in Nebraska, there's no formula for judges to use to calculate alimony. Judges have broad discretion and will focus on ensuring that the dependent spouse has a reasonable time to bridge the period between the divorce and becoming self-supporting.
It is legal in Nebraska to use a prenuptial agreement to exclude alimony payments.
To modify an alimony order, the person seeking to modify alimony must show good cause. Under Nebraska law, good cause is a showing of a material and substantial change in economic circumstances and is analyzed on a case-by-case basis.
§ 42-365 (Reissue 2016), the equitable division of property is a three-step process: (1) clas- sify the parties' property as either marital or nonmarital, setting aside the nonmarital property or nonmarital portion of the property to the party who brought the property to the marriage; (2) value the marital assets and ...
In Nebraska there is not a specific calculation that can be used to plug in income, expenses, and length of marriage and reveal how much alimony will be paid and for how long. Rather, an award of alimony is left to the discretion of the judge or negotiating between the parties.
Spousal support (commonly referred to as alimony) is not automatic in Nebraska. The party seeking temporary or permanent alimony must prove to the court that the support is necessary.