(1) To promote the amicable settlement of disputes between the parties to a marriage attendant upon their separation or the dissolution of their marriage, the parties may enter into a written property settlement agreement containing provisions for the maintenance of either of them, the disposition of any property owned by either of them, and the support and custody of minor children.
(2) In a proceeding for dissolution of marriage or for legal separation, the terms of the agreement, except terms providing for the support and custody of minor children, shall be binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the agreement is unconscionable.
(3) If the court finds the agreement unconscionable, the court may request the parties to submit a revised agreement or the court may make orders for the disposition of property, support, and maintenance.
(4) If the court finds that the agreement is not unconscionable as to support, maintenance, and property: (a) Unless the agreement provides to the contrary, its terms may be set forth in the decree of dissolution or legal separation and the parties shall be ordered to perform them; or (b) if the agreement provides that its terms shall not be set forth in the decree, the decree shall identify the agreement and shall state that the court has found the terms not unconscionable, and the parties shall be ordered to perform them.
(5) Terms of the agreement set forth in the decree may be enforced by all remedies available for the enforcement of a judgment, including contempt.
(6) Alimony may be ordered in addition to a property settlement award.
(7) Except for terms concerning the custody or support of minor children, the decree may expressly preclude or limit modification of terms set forth in the decree.
(8) If the parties fail to agree upon a property settlement which the court finds to be conscionable, the court shall order an equitable division of the marital estate. The court shall include as part of the marital estate, for purposes of the division of property at the time of dissolution, any pension plans, retirement plans, annuities, and other deferred compensation benefits owned by either party, whether vested or not vested.
Notes of Decisions
Cited in
114
cases (
12 in the last 5 years), 1973–2026 · leading case:
Dooling v. Dooling, 303 Neb. 494 (Neb. 2019).
Dooling v. Dooling, 303 Neb. 494 (Neb. 2019).
· cites it 6× “Neb. Rev. Stat. § 42-366 (8) (Reissue 2016).”
Devney v. Devney, 886 N.W.2d 61 (Neb. 2016).
· cites it 8× “An agreement between a husband and wife concerning the disposition of their property, not made in connection with the separation of the parties or the dissolution of their marriage, is not binding upon the courts during a later dissolution proceeding under Neb. Rev. Stat. §…”
Grothen v. Grothen, 308 Neb. 28 (Neb. 2020).
· cites it 16× “Where the parties have not expressly precluded or limited modification of alimony pursuant to Neb. Rev. Stat. § 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…”
Stephens v. Stephens, 297 Neb. 188 (Neb. 2017).
· cites it 7× “§ 42-366 (8) (Reissue 2016) states that in the event the parties fail to agree upon a property settlement that is conscionable, the court shall order the equitable division of the marital estate, which “shall include . . . any pension plans, retirement plans, annuities, and…”
Tyma v. Tyma, 644 N.W.2d 139 (Neb. 2002).
· cites it 10× “Richard asserts, restated, that the district court abused its discretion by (1) valuing the marital estate as of the date of separation rather than the date of dissolution, using inconsistent valuation dates for different properties, and failing to properly “credit” Richard for…”
Weber v. Weber, 265 N.W.2d 436 (Neb. 1978).
· cites it 14× “Section 42-366, R. R. S. 1943, provides that parties to a marriage may enter into a written property settlement agreement to promote the amicable settlement of disputes attendant upon their separation or the dissolution of their marriage.”
Stanosheck v. Jeanette, 881 N.W.2d 599 (Neb. 2016).
· cites it 3× “17 [10] Neb. Rev. Stat. § 42-366 (8) (Reissue 2008) provides: “The court shall include as part of the marital estate, for pur- poses of the division of property at the time of dissolution, any pension plans, retirement plans, annuities, and deferred compensation benefits owned…”
Longo v. Longo, 663 N.W.2d 604 (Neb. 2003).
· cites it 7× “(b) Nebraska Law Neb. Rev. Stat. § 42-366 (8) (Reissue 1998) provides in relevant part that the marital estate which is subject to equitable division in a dissolution proceeding includes “any pension plans, retirement plans, annuities, and other deferred compensation benefits…”
Lorenzen v. Lorenzen, 883 N.W.2d 292 (Neb. 2016).
· cites it 3× “[4-6] When parties to a divorce fail to agree upon a property settlement, Neb. Rev. Stat. § 42-366 (8) (Reissue 2008) confers upon the court the power to “order an equitable division of the marital estate” and specifically provides that the marital estate subject to such…”
Windham v. Kroll, 307 Neb. 947 (Neb. 2020).
· cites it 6× “That statute is intended to promote amicable settle- ment of disputes attendant to divorce and separation, and it per- mits parties to enter into a “written property settlement agree- ment containing provisions for the maintenance of either of them, the disposition of any…”
Reinsch v. Reinsch, 611 N.W.2d 86 (Neb. 2000).
· cites it 8× “The present action is one for a modification of a child support order, which order is subject to a material change of circumstances analysis and is always subject to review and modification, whereas the standards upon which Kenneth relies relate variously to real and personal…”
Carlson v. Carlson, 299 Neb. 526 (Neb. 2018).
· cites it 2× “39 See, also, Neb. Rev. Stat. § 42-366 (7) ("[e]xcept for terms concerning the custody or support of minor children, the decree may expressly preclude or limit modification of terms set forth in the decree").”
— Neb. Rev. Stat. § 42-366(1) — 3 cases
Grothen v. Grothen, 308 Neb. 28 (Neb. 2020).
“Where the parties have not expressly precluded or limited modification of alimony pursuant to Neb. Rev. Stat. § 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…”
Reinsch v. Reinsch, 611 N.W.2d 86 (Neb. 2000).
“The present action is one for a modification of a child support order, which order is subject to a material change of circumstances analysis and is always subject to review and modification, whereas the standards upon which Kenneth relies relate variously to real and personal…”
— Neb. Rev. Stat. § 42-366(2) — 11 cases
Windham v. Kroll, 307 Neb. 947 (Neb. 2020).
“That statute is intended to promote amicable settle- ment of disputes attendant to divorce and separation, and it per- mits parties to enter into a “written property settlement agree- ment containing provisions for the maintenance of either of them, the disposition of any…”
— Neb. Rev. Stat. § 42-366(3) — 2 cases
— Neb. Rev. Stat. § 42-366(4) — 2 cases
Reinsch v. Reinsch, 611 N.W.2d 86 (Neb. 2000).
“The present action is one for a modification of a child support order, which order is subject to a material change of circumstances analysis and is always subject to review and modification, whereas the standards upon which Kenneth relies relate variously to real and personal…”
— Neb. Rev. Stat. § 42-366(5) — 2 cases
— Neb. Rev. Stat. § 42-366(6) — 2 cases
Grothen v. Grothen, 308 Neb. 28 (Neb. 2020).
“Where the parties have not expressly precluded or limited modification of alimony pursuant to Neb. Rev. Stat. § 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. § 42-366(7) — 5 cases
Grothen v. Grothen, 308 Neb. 28 (Neb. 2020).
“Where the parties have not expressly precluded or limited modification of alimony pursuant to Neb. Rev. Stat. § 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…”
Windham v. Kroll, 307 Neb. 947 (Neb. 2020).
“That statute is intended to promote amicable settle- ment of disputes attendant to divorce and separation, and it per- mits parties to enter into a “written property settlement agree- ment containing provisions for the maintenance of either of them, the disposition of any…”
— Neb. Rev. Stat. § 42-366(8) — 32 cases
Dooling v. Dooling, 303 Neb. 494 (Neb. 2019).
“Neb. Rev. Stat. § 42-366 (8) (Reissue 2016).”
Tyma v. Tyma, 644 N.W.2d 139 (Neb. 2002).
“Richard asserts, restated, that the district court abused its discretion by (1) valuing the marital estate as of the date of separation rather than the date of dissolution, using inconsistent valuation dates for different properties, and failing to properly “credit” Richard for…”
Longo v. Longo, 663 N.W.2d 604 (Neb. 2003).
“(b) Nebraska Law Neb. Rev. Stat. § 42-366 (8) (Reissue 1998) provides in relevant part that the marital estate which is subject to equitable division in a dissolution proceeding includes “any pension plans, retirement plans, annuities, and other deferred compensation benefits…”
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