When dissolution of a marriage is decreed, the court may order payment of such alimony by one party to the other and division of property as may be reasonable, having regard for the circumstances of the parties, duration of the marriage, a history of the contributions to the marriage by each party, including contributions to the care and education of the children, and interruption of personal careers or educational opportunities, and the ability of the supported party to engage in gainful employment without interfering with the interests of any minor children in the custody of such party. Reasonable security for payment may be required by the court. A proceeding to modify or revoke an order for alimony for good cause shall be commenced by filing a complaint to modify. Service of process and other procedure shall comply with the requirements for a dissolution action. Amounts accrued prior to the date of filing of the complaint to modify may not be modified or revoked. A decree may not be modified to award alimony if alimony was not allowed in the original decree dissolving a marriage. A decree may not be modified to award additional alimony if the entire amount of alimony allowed in the original decree had accrued before the date of filing of the complaint to modify. Except as otherwise agreed by the parties in writing or by order of the court, alimony orders shall terminate upon the death of either party or the remarriage of the recipient.
While the criteria for reaching a reasonable division of property and a reasonable award of alimony may overlap, the two serve different purposes and are to be considered separately. The purpose of a property division is to distribute the marital assets equitably between the parties. The purpose of alimony is to provide for the continued maintenance or support of one party by the other when the relative economic circumstances and the other criteria enumerated in this section make it appropriate.
Notes of Decisions
Cited in
423
cases (
86 in the last 5 years), 1973–2026 · leading case:
Grothen v. Grothen, 308 Neb. 28 (Neb. 2020).
Grothen v. Grothen, 308 Neb. 28 (Neb. 2020).
· cites it 34× “§ 42-366 (7) (Reissue 2016), an alimony provision that was agreed to by the parties as part of a property settlement agreement may later be modified in accordance with Neb. Rev. Stat. § 42-365 (Reissue 2016). 7.”
Becher v. Becher, 24 Neb. Ct. App. 726 (Neb. Ct. App. 2017).
· cites it 11× “Under Neb. Rev. Stat. § 42-365 (Reissue 2016), the equitable division of property is a three-step process.”
Brozek v. Brozek, 874 N.W.2d 17 (Neb. 2016).
· cites it 5× “§ 42-365 (Reissue 2008), a court should consider the income and earn- ing capacity of each party and the general equities before deciding whether to award alimony.”
Watters v. Foreman, 284 N.W.2d 850 (Neb. 1979).
· cites it 56× “*852 The issue in this appeal is whether, under the provisions of section 42-365, R.R.S.1943, the remarriage of Watters results in a termination of alimony provided for by the trial court's decree.”
Bauerle v. Bauerle, 644 N.W.2d 128 (Neb. 2002).
· cites it 16× “He contends that an award of such an amount and duration “cannot possibly be considered reasonable or fair” under the specific criteria for alimony awards in Neb. Rev. Stat. § 42-365 (Reissue 1998). Brief for appellant at 13.”
Holm v. Holm, 678 N.W.2d 499 (Neb. 2004).
· cites it 20× “This appeal presents the question of whether an obligation to pay alimony terminates upon remarriage of the recipient by operation of Neb. Rev. Stat. § 42-365 (Reissue 1998) where the decree provides that “alimony shall terminate upon the death of either party” but makes no…”
Lorenzen v. Lorenzen, 883 N.W.2d 292 (Neb. 2016).
· cites it 7× “Under Neb. Rev. Stat. § 42-365 (Reissue 2008), the equi- table division of property is a three-step process.”
Becher v. Becher, 299 Neb. 206 (Neb. 2018).
· cites it 4× “20 See Neb. Rev. Stat. §§ 42-365 and 42-366 (Reissue 2016).”
Osantowski v. Osantowski, 298 Neb. 339 (Neb. 2017).
· cites it 9× “Under Neb. Rev. Stat. § 42-365 (Reissue 2016), the equi- table division of property is a three-step process.”
Simons v. Simons, 978 N.W.2d 121 (Neb. 2022).
· cites it 9× “In an equitable property division governed by Neb. Rev. Stat. § 42-365 (Reissue 2016), all property accumulated and acquired by either spouse during the marriage is part of the marital estate, unless it falls within an exception to this general rule.”
Stephens v. Stephens, 297 Neb. 188 (Neb. 2017).
· cites it 9× “And because Robert did not cross-appeal, neither do we consider whether the court erred in designating Aardvark Antique Mall, The Mystic Pines Apartments, and Eagles Landing Apartments as marital.”
Dooling v. Dooling, 303 Neb. 494 (Neb. 2019).
· cites it 4× “" 11 Under Neb. Rev. Stat. § 42-365 (Reissue 2016), the equitable division of property is a three-step process.”
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