Divorce Settlement Agreement - Nebraska

MARITAL SETTLEMENT AGREEMENT

State of Nebraska

This Marital Settlement Agreement (the “Agreement”) is made on [__/__/____] by:

• [PARTY A FULL LEGAL NAME], residing at [ADDRESS] (“Party A”); and
• [PARTY B FULL LEGAL NAME], residing at [ADDRESS] (“Party B”).

Together, they are the “Parties.”

1. Case Information and Purpose

1. The Parties were married on [__/__/____] in [CITY, STATE].
2. A dissolution proceeding is [pending / to be filed] in the District Court of [COUNTY] County, Nebraska, case number [CASE NUMBER, IF ASSIGNED].
3. Before filing this Agreement, counsel must confirm that the court has jurisdiction over the dissolution and, if children are involved, jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act. Neb. Rev. Stat. § 42-351.
4. The Parties intend this written Agreement to resolve the matters selected below, subject to review and entry of an appropriate decree by the court under Neb. Rev. Stat. § 42-366.

2. Required Disclosures and Voluntary Execution

Each Party states that:

• the Party has disclosed income, assets, debts, and other material financial information to the other Party;
• the Party has reviewed the schedules and exhibits attached to this Agreement;
• the Party has had the opportunity to obtain independent Nebraska legal counsel and tax advice;
• the Party understands that the court may consider the Parties’ economic circumstances and other relevant evidence when reviewing the Agreement; and
• the Party signs voluntarily, without fraud, coercion, or duress.

No recital prevents the court from reviewing the Agreement as required by law.

3. Property Division

3.1 Property Awarded to Party A

Party A is awarded the property listed in Exhibit A, subject to the debts and transfer terms stated there.

3.2 Property Awarded to Party B

Party B is awarded the property listed in Exhibit B, subject to the debts and transfer terms stated there.

3.3 Property Claimed as Nonmarital

The property each Party claims as nonmarital is identified in Exhibit C, together with the basis for that claim and supporting records. The Parties request that the court set aside approved nonmarital property to the identified Party.

3.4 Equalization Payment

☐ No equalization payment is required.

☐ [PARTY] shall pay $[AMOUNT] to [OTHER PARTY] as follows: [PAYMENT DATES, INTEREST IF ANY, AND METHOD].

3.5 Transfers

Each Party shall sign deeds, titles, account forms, qualified domestic relations orders, and other documents needed to complete the court-approved division by [DATE OR NUMBER OF DAYS AFTER ENTRY OF DECREE]. Any retirement-order language must be separately reviewed by qualified benefits counsel before submission.

3.6 Omitted or Disputed Property

The Parties shall disclose any later-discovered asset or debt promptly. No preset forfeiture or automatic division applies. The Parties shall attempt a written resolution and, if they cannot agree, may ask the court for appropriate relief.

Neb. Rev. Stat. §§ 42-365 and 42-366 govern the court’s review of the proposed property division.

4. Debts

1. Party A shall pay the debts assigned to Party A in Exhibit A.
2. Party B shall pay the debts assigned to Party B in Exhibit B.
3. An allocation between the Parties does not alter a creditor’s rights. A Party assigned a debt shall reimburse the other Party for amounts the other Party is required to pay on that assigned debt, except as otherwise ordered by the court.
4. Joint accounts shall be [closed / refinanced / otherwise addressed] by [DATE]. If a creditor will not release one Party, the responsible Party shall follow the alternative security or sale terms in the applicable exhibit.

5. Alimony

Select and complete one option only.

☐ Mutual waiver. Each Party asks the court to award no alimony to either Party.

☐ Alimony award. [PAYOR] shall pay [RECIPIENT] $[AMOUNT] per [MONTH / OTHER PERIOD], beginning [DATE] and continuing through [DATE OR NUMBER OF PAYMENTS], subject to the following terms: [PAYMENT METHOD AND ANY SECURITY].

If alimony is awarded, select and draft one modification option with counsel:

☐ The alimony award remains modifiable or revocable for good cause under Neb. Rev. Stat. § 42-365. A complaint to modify is required, and amounts accrued before filing cannot be modified or revoked.

☐ The Parties expressly agree to preclude or limit modification as permitted by Neb. Rev. Stat. § 42-366(7), as follows: [PRECISE NONMODIFICATION OR LIMITATION LANGUAGE].

Unless the written Agreement or the court’s order expressly provides otherwise, an alimony order terminates upon the death of either Party or the recipient’s remarriage. Neb. Rev. Stat. § 42-365.

6. Minor Children

☐ The Parties have no minor children together, and no child-related provision is requested.

☐ The Parties have the following minor children:

6.1 Parenting Plan

If parenting functions are at issue, the Parties shall attach a separate proposed Parenting Plan as Exhibit D. The plan must be developed and approved by the court and must address the matters required by Neb. Rev. Stat. § 43-2929, including:

• legal and physical custody;
• a sufficiently definite parenting-time and holiday schedule;
• the child’s location during the week, weekends, and specified days;
• exchanges, transportation, and transition procedures;
• day-to-day and major decision-making procedures;
• a process for addressing future proposed changes;
• safety arrangements;
• school attendance and progress; and
• any safety provisions required by abuse, neglect, harmful criminal activity, or unresolved parental conflict.

The Parenting Plan shall also require address-change notice consistent with Neb. Rev. Stat. § 43-2929(2), including the safety exception for an undisclosed location.

6.2 Court Review of Custody

The Parties understand that their custody and parenting terms are not binding on the court merely because they agreed. The court must determine legal and physical custody under the child’s best interests and approve or create a Parenting Plan. Neb. Rev. Stat. §§ 42-364 and 42-366.

6.3 Relocation or Removal

This Agreement does not itself authorize either Party to remove a child from Nebraska or otherwise change the Parenting Plan. A proposed removal or material parenting-plan change must follow the complaint-to-modify, mediation or specialized alternative-dispute-resolution, notice, hearing, and other procedures applicable under Neb. Rev. Stat. § 42-364 and the Parenting Act. Any additional advance notice agreed by the Parties is stated in Exhibit D and remains subject to court approval.

7. Child Support and Child-Related Expenses

If minor children are involved:

1. The Parties shall attach the proposed Nebraska Child Support Guidelines calculation and supporting financial information as Exhibit E.
2. The requested monthly child-support amount is $[AMOUNT], payable by [PAYOR] beginning [DATE], through the payment method stated in the decree.
3. The Parties understand that the court considers each parent’s earning capacity and the Nebraska Supreme Court’s Child Support Guidelines. Neb. Rev. Stat. § 42-364(4).
4. Health-insurance responsibility, cash medical support, childcare, and uninsured medical expenses shall be allocated as follows: [TERMS CONSISTENT WITH THE GUIDELINES AND PROPOSED DECREE].
5. Child-support and child-related terms remain subject to independent court review and later modification as permitted by law. A modification proceeding is commenced by a complaint to modify under Neb. Rev. Stat. § 42-364(6).
6. Accrued obligations remain due unless a court rules otherwise. Nothing in this Agreement authorizes either Party to reduce, suspend, or offset child support without a court order.

8. Tax Matters

The Parties request the following allocation of child-related tax benefits and filing responsibilities, subject to applicable tax law and the court’s order: [TERMS]. Each Party shall sign any tax form that counsel determines is required to carry out an approved allocation. The Parties should obtain independent tax advice before signing.

9. Insurance and Security

☐ No additional insurance or security is requested.

☐ The Parties request the following security for an approved alimony, property, or child-related obligation: [POLICY, BENEFICIARY, AMOUNT, DURATION, PROOF, AND REMEDY].

Any security requirement is effective only to the extent included in the decree. Neb. Rev. Stat. § 42-365 permits the court to require reasonable security for alimony.

10. Court Review, Decree, and Enforcement

1. The Parties shall submit this Agreement and its exhibits to the court for review.
2. Except for terms concerning the support and custody of minor children, settlement terms are binding on the court unless the court finds the Agreement unconscionable after considering the Parties’ economic circumstances and other relevant evidence. Child-support and custody terms remain subject to the court’s independent review. Neb. Rev. Stat. § 42-366(2).
3. If the court approves the Agreement, the Parties request that its terms be set out in the decree or incorporated by reference and that the decree order the Parties to perform them as provided by Neb. Rev. Stat. § 42-366.
4. The court retains the enforcement and modification authority provided by Nebraska law. A Party seeking enforcement may request an appropriate court remedy, costs, or attorney fees; nothing in this Agreement predetermines what the court must award.
5. A contractual notice-and-cure period does not restrict either Party from seeking emergency relief, enforcing a decree, or protecting a child.

11. General Terms

11.1 Entire Agreement

This Agreement and its exhibits state the Parties’ complete settlement proposal. Any change must be in a signed writing and must receive court approval when required.

11.2 No Private Modification of Court-Ordered Child Terms

The Parties shall not rely on an informal or private agreement to change court-ordered custody, parenting time, or child support. They shall use the required court procedure.

11.3 Severability and Court Revision

If the court rejects or requires revision of a provision, the Parties shall confer through counsel and submit a lawful replacement. The remaining provisions shall be enforced only to the extent permitted by the decree and Nebraska law.

11.4 Counterparts and Signatures

The Parties may sign counterparts. Counsel shall confirm the court’s filing and signature-format requirements before submission.

11.5 Effective Date

The Parties intend the Agreement to become effective as follows: [ON SIGNING / ON COURT APPROVAL / AS SPECIFIED BY CLAUSE]. Child-related provisions are effective only as ordered or approved by the court.

12. Signatures

Each Party acknowledges having read the Agreement and attached exhibits before signing.

Counsel Acknowledgments

Optional Notary Acknowledgment

State of Nebraska

County of [COUNTY]

The foregoing instrument was acknowledged before me on [__/__/____] by [NAME].

Notary Public: ______________________________

My commission expires: [__/__/____]

Exhibits

• Exhibit A: Property and debts awarded to Party A
• Exhibit B: Property and debts awarded to Party B
• Exhibit C: Claimed nonmarital property and supporting records
• Exhibit D: Proposed Parenting Plan, if applicable
• Exhibit E: Proposed Child Support Guidelines calculation, if applicable
• Exhibit F: Retirement or other transfer orders, if applicable

Sources and References

• Neb. Rev. Stat. § 42-351 — dissolution jurisdiction
• Neb. Rev. Stat. § 42-364 — custody, parenting plans, support, and modification
• Neb. Rev. Stat. § 42-365 — property division and alimony
• Neb. Rev. Stat. § 42-366 — settlement review, decree treatment, and modification
• Neb. Rev. Stat. § 43-2929 — parenting-plan requirements