Adultery in Nebraska - Does Cheating Affect Alimony?

Marital misconduct is one of the many causes of divorce. When marriages end because one spouse messed up rather than the spouses simply growing apart, the divorce process can become quite heated. This is particularly true when the marital feud is caused by the adultery of a spouse. In many cases, the scorned spouse will try to punish his or her spouse through the divorce process by requesting alimony.

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As many spouses know cheating often has consequences. Aside from the effect of cheating on the marriage itself, cheating may affect the divorce process and any alimony awards received by the spouses. Each state varies on how exactly adultery will affect an alimony award, and so this article is intended to clarify that issue for the state of Nebraska.

The Nature of Divorce in Nebraska

Before discussing whether adultery or cheating would affect an award of alimony or spousal support, the nature of divorce in Nebraska must be examined.Like many states, Nebraska is a no-fault divorce state.¹ When Nebraska courts consider divorce lawsuits, fault and marital misconduct are not proper matters for consideration under the no-fault divorce law. Rather, all that must be shown is that the marriage is irretrievably broken.²

About Nebraska Alimony Rules

Under Nebraska law, the purpose of alimony is to provide for the continued support of one spouse by the other when the relative economic circumstances make it appropriate.³ The notion of fairness is central to a court’s award of alimony. While the alimony statute is not particularly specific, Nebraska courts are supposed to consider each spouse’s earning capacity and any other relevant financial factors. Several factors that Nebraska courts have considered to be important are:

• The age and health of the spouses
• The duration of the marriage;
• Each spouses’ social standing and occupation;
• Each spouses’ financial and non-financial contributions to the marriage;
• Childcare responsibilities; and
• The conduct of the spouses leading up to the divorce.⁴

The Effect of Adultery and Other For-Cause Grounds for Divorce on Alimony

Because Nebraska is a no-fault divorce state, the primary factors in the determination of alimony are financial. The alimony statute is not specific on the effect of fault on alimony, but Nebraska courts have determined that while marital misconduct such as adultery may play some role in alimony determinations, it is not a deciding factor for or against awarding alimony.⁵

The Verdict:

A spouse’s adulterous conduct can be used as a factor in determining the amount of alimony payments. Nebraska courts have been relatively clear that Nebraska’s no-fault divorce system intended the spouse’s finances to be more important than marital misconduct. While a spouse’s infidelity likely will not on its own result in an increased or decreased alimony award, it could affect the amount or duration of that award.

If your spouse has been cheating on you and you plan to sue for divorce, you should consider contacting a local divorce attorney for assistance. Divorces involving adultery claims tend to be very messy lawsuits and will be very difficult to litigate on your own. Your rights can be best protected by proactively protecting your ability to succeed in your divorce litigation.

Note: This is not legal advice. Please consult a lawyer for your specific situation.

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