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My husband and I are attempting file and ammicable divorce

 
 
 

Customer Question

My husband and I are attempting file and ammicable divorce that is fair to both parties. No children are involced, but we do own RE appraise at 68700. with a balance owed of 64300.00. The biggest questions are how much alimonny (married over 5 years) if any, and the fairest way to dispose of the home.
Husband grosses approx $50,000 per year with 600.00 disablitly payments.
Wife grosses aprrox 13,000 per year and used her credit history and money from parents for down payment on home. (money was gift to purchase home/does not need repaid.
Thanks

Submitted: 986 days and 10 hours ago.
Category: Legal
Status: CLOSED
 
 
 
 
 
 

Optional Information

State/Country relating to Question: Nebraska

Already Tried:
Just starting the process

 
 
 
 
 
 

Accepted Answer

Dear mr,

 

There is no formula used for alimony in Nebraska, it is more of a discretionary decision made by a judge if the parties are not in agreement. If your marriage was short, or if you are capable of earning more than you are, or if you are only working part time but could be working full time, etc., a judge could nix alimony to you altogether. This is particularly so given your husband's disability, although he is currently still able to make $50k, which I see.

 

Generally, in Nebraska, either party may receive spousal support based upon the following factors:

-the circumstances of both spouses;

-the duration of the marriage;

-the 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; and

-the ability of the supported spouse to engage in gainful employment without interfering with the interests of any minor children in his or her custody.

 

It is likely that any alimony, if any was warranted, would be very temporary - perhaps the kind to get you on your feet with some education to get you a better paying job. So why don't the two of you decide what it would take to get you trained, or a degree, to get you a job that pays more than minimum wage.

 

Keep in mind also that alimony is taxable to you, the recipient. For this reason, you may want to consider calling it distribution of assets, such as he pays you $X/month to pay back the amount you gave as down payment from your parents gift to you - if you plan on giving him the house. You have very little equity to speak of, so that doesn't help much here. Your best bet is to hear what he thinks is fair, in amount and duration, and see if it will help put you in that better spot within a couple of years.

 

Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!

 

 


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Expert: AlexiaEsq.
Pos. Feedback: 99.2 %
Accepts: 3076
Answered: 9/10/2009

Managing Attorney

17 Years of Legal Practice Experience in this precise field.

 
 
 

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