Nebraska Revised Statutes
Neb. Rev. Stat. § 42-367 (2026)
Temporary allowance; costs; payment
✓ current as of July 2026
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In every action for dissolution of marriage or legal separation, the court may require the husband to pay any sum necessary to enable the wife to maintain the action during its pendency. When dissolution of marriage or a legal separation is decreed, the court may decree costs against either party and award execution for the same, or it may direct such costs to be paid out of any property sequestered, or in the power of the court, or in the hands of a receiver.
Notes of Decisions
Cited in 14
cases (1 in the last 5 years), 1975–2023 · leading case: Vredeveld v. Clark, 504 N.W.2d 292 (Neb. 1993).
Vredeveld v. Clark, 504 N.W.2d 292 (Neb. 1993). “The court did not err in refusing to tax expert witness fees to defendant.”
Olson v. Olson, 693 N.W.2d 572 (Neb. Ct. App. 2005). “§ 42-359 (Reissue 2004); (2) awarding temporary attorney fees, a real estate appraiser fee, the cost of a certified public accountant, and miscellaneous costs of litigation when the same was not supported by any evidence, contrary to Neb. Rev. Stat. § 42-367 (Reissue 2004); (3)…”
Lockwood v. Lockwood, 290 N.W.2d 636 (Neb. 1980). “Section 42-367, R. R. S. 1943, provides, in part: “When dissolution of marriage or a legal separation is decreed, the court may decree costs against either party and award execution for the same, * * The fees for appraising the family residence and the farm property were taxed…”
Kliment v. Nat'l Farms, Inc., 514 N.W.2d 315 (Neb. 1994). “In Hefti and Lockwood , costs for expert witness fees were permitted pursuant to Neb. Rev. Stat. § 42-367 (Reissue 1988) and its predecessor, which permit a court to direct costs against either party involved in a divorce action.”
Nimmer v. Nimmer, 279 N.W.2d 156 (Neb. 1979). “Rhein, supra, is not applicable even if the principle therein announced is to be followed in Nebraska, which we need not decide.”
Cockle v. Cockle, 281 N.W.2d 392 (Neb. 1979). “The trial court should have entered a judgment denying registration of the California judgment. The trial court denied plaintiff’s request for allowance of an attorney’s fee.”
Gibson-Voss v. Voss, 541 N.W.2d 74 (Neb. Ct. App. 1995). “Neb. Rev. Stat. § 42-367 (Reissue 1993) permits an award of attorney fees in dissolution cases.”
Gallner v. Gallner, 595 N.W.2d 904 (Neb. 1999). “The accountant fees were awarded pursuant to Neb. Rev. Stat. § 42-367 (Reissue 1998), which allows the court to decree costs against either party and award execution for the same.”
Line v. Line, 423 N.W.2d 790 (Neb. 1988). “Husband appeals, alleging that the district court abused its discretion in dividing the parties’ marital property, in awarding temporary support for the wife, in awarding a temporary attorney fee for the wife’s lawyer, and in failing to find Neb. Rev. Stat. § 42-367 (Reissue…”
Sullivan v. Sullivan, 224 N.W.2d 542 (Neb. 1975). “” § 42-367, R. R. S. 1943. The award of attorney’s fees and the taxing of costs is discretionary.”
Bartunek v. Gentrup, 516 N.W.2d 253 (Neb. 1994). “Were we to tax as costs the expert witness fees charged by a defendant’s experts, the result would create a chilling effect on a plaintiff’s right to seek relief for injury or wrong because of the possibility that all expert witness fees of the defendant would be taxed against…”
Shada v. Shada, 442 N.W.2d 386 (Neb. 1989). “See, also, Neb. Rev. Stat. § 42-367 (Reissue 1988). We determine that there was no abuse of discretion by the trial court with respect to the issues raised.”
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