Considering Divorce? What “The Other Woman” Gets Wrong (And What Nebraska Law Actually Says)

By Law Clerk Bonnie Casserilla

Movies love to portray divorce as a dramatic reckoning. One confrontation. One reveal. One clean ending. Real divorce in Nebraska is quieter, slower, and far more grounded in documents than emotions. Nebraska is a no-fault divorce state, which means courts are not interested in moral judgments about cheating. They care about financial records, equitable distribution of the marital estate, and whether marital money was wasted or hidden. If you are worried about infidelity, hidden assets, or a spouse’s business, your strongest protection is not a dramatic confrontation. It is understanding how Nebraska law actually works and using the legal tools designed to uncover the truth. This article uses The Other Woman as a cultural reference point to explain what divorce really looks like in Nebraska and how to protect yourself if you are on the fence.

What Does “The Other Woman” Get Wrong About How Divorce Works in Nebraska?

The biggest misconception in The Other Woman is the idea that everything turns on a single dramatic reveal. In the movie, years of deception, financial misconduct, and manipulation are resolved in one conference-room ambush.

In a real Nebraska divorce, those same issues are handled through a formal process called discovery, not theatrics. Discovery is where each side is legally required to exchange financial records, answer sworn questions, and, when necessary, submit to depositions.

Judges in Lancaster County are not deciding cases based on who delivers the most satisfying “gotcha” moment. They are deciding cases based on verified evidence and how that evidence affects the marital estate. Cheating, hidden money, and business manipulation can matter, but usually only when they have a financial impact that can be documented.

If I Am Only Suspicious, Why Talk to a Divorce Lawyer Early?

Many people hesitate to talk to a lawyer because they are “not sure yet.” They may sense that something is off with the finances or feel uneasy about a spouse’s business, but they do not have proof.

Waiting for certainty is one of the most common mistakes people make.

An early consultation is not about filing for divorce tomorrow. It is about understanding how Nebraska’s equitable distribution laws apply to your situation so you do not accidentally give up leverage before you even know you have it.

A quiet conversation with a family law attorney allows you to ask practical questions like how property is divided, how businesses are valued, and what financial documents matter most. In real cases, the most damaging decisions often happen before a divorce is filed, when people sign documents “to keep the peace” or agree to arrangements they do not fully understand.

How Common Is Hiding Money in a Nebraska Divorce?

Hollywood exaggerates how complex financial schemes are, but it understates how often ordinary financial manipulation appears in divorce cases.

Most hidden-asset disputes do not involve offshore accounts or elaborate shell companies. They involve everyday tactics such as underreporting income, delaying bonuses, inflating business expenses, or using a company account to pay personal costs like vehicles, travel, or entertainment.

Nebraska law is built to address this. You do not need to be listed on an account or named on a business to have rights to it. What matters is whether the asset was acquired during the marriage or increased in value because of marital effort or marital funds.

Is a Business Really Marital Property If My Name Is Not on It?

This is one of the most common misunderstandings I hear from clients.

In Nebraska, courts look beyond whose name appears on the paperwork. They focus on whether there was active appreciation during the marriage. Even if a business was started before the marriage or titled solely in one spouse’s name, the increase in value during the marriage may be marital property if it resulted from marital labor, time, or financial support.

This distinction, reflected in cases like Stephens v. Stephens, is critical. If a business grew because one spouse worked long hours during the marriage or because family income supported the business while profits were reinvested, that growth may be subject to division.

In most cases, the non-owner spouse does not take over the business. Instead, the business is valued, and their marital share is addressed through a buyout or offset with other assets.

Does Cheating Affect Divorce Outcomes in Nebraska? The Dissipation Rule

Nebraska is a no-fault divorce state. That means a judge generally does not care why the marriage ended, and infidelity alone does not entitle one spouse to more property.

However, there is an important financial exception called dissipation of assets.

While the court may not care about the affair itself, it does care if marital money was spent on it. Hotel rooms, expensive gifts, travel, and entertainment paid for with marital funds can be classified as dissipation. When that happens, the court can account for the wasted money and effectively credit it back to the marital estate before dividing assets.

In other words, Nebraska courts do not punish cheating. They correct financial unfairness.

If I Am on the Fence About Divorce, What Can I Do Now?

You do not need certainty to take responsible steps. You can prepare quietly without escalating conflict.

That usually means organizing financial records, paying attention to unusual spending patterns, and educating yourself about how Nebraska courts handle property, support, and businesses. These steps protect you whether you ultimately file for divorce or decide to stay.

Talking to a lawyer does not commit you to divorce. It commits you to clarity. And clarity is what allows you to make thoughtful decisions instead of reactive ones.

Frequently Asked Questions

Does cheating automatically mean I get more alimony in Nebraska?

No. Infidelity by itself rarely affects alimony. However, if marital funds were spent on an affair, that financial waste may be addressed during property division.

Do I need proof of hidden assets before filing for divorce?

No. You do not need to play detective. Nebraska divorce cases include formal discovery tools that allow attorneys to obtain bank records, tax returns, and business documents and to question parties under oath.

My spouse says the business is “theirs.” Is that legally true?

Not necessarily. If the business was created or grew during the marriage, some portion of its value may be marital property, regardless of whose name appears on the license or LLC documents.