In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as spousal support. Alimony is usually a monthly financial allowance paid by one spouse to another. The purpose of alimony is to offset any unfair economic effects of a divorce by providing a continuing income to a non-wage earning or lower-wage earning spouse. A court can order alimony for either party in Nebraska without regard to marital fault.

To be eligible for alimony, spouses in all states, including Nebraska, must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. In most states, alimony awards lack the enforcement power that child support orders have, which include wage garnishment and property liens. Recipient spouses do have the option of returning to court to force payment through a contempt action.

Nebraska courts may order temporary support and maintenance while the divorce is pending. A proceeding to modify or revoke an order for alimony for good cause may be started by filing a complaint for modification with the appropriate court. However, a decree may not be modified to award alimony if alimony was not allowed in the original decree dissolving the marriage. Alimony in Nebraska terminates automatically upon the death of either party or the remarriage of the recipient.

The type and amount of alimony awarded depends on a variety of factors.  Many states base their alimony award guidelines on the federal Uniform Marriage and Divorce Act, which recommends that courts consider the following factors when awarding alimony: the age, physical condition, emotional state, and financial condition of the former spouses; the length of time the recipient would need for education or training to become self-sufficient; the couple's standard of living during the marriage; the length of the marriage; and the ability of the payer spouse to support the recipient and still support him/herself.

Nebraska law recommends that courts considering the following relevant factors when awarding alimony:

• The circumstances of both spouses
• Length of the marriage
• Contribution of each spouse to the marriage, including services rendered in homemaking, child care, education, and career building of the other spouse
• Any interruption of personal careers or education
• Ability of the supported spouse to engage in gainful employment without interfering with the interests of any minor children in his or her custody

In the past, most alimony awards were made to homemakers who needed the support from their former husbands. However, since current marriages often consist of two wage earners, and more men are assuming child-rearing duties, alimony awards have changed. It is no longer unusual for an ex-wife to be compelled to make alimony payments to her ex-husband. For a complete review of Nebraska divorce law, go to lawyers.com.