If your spouse has suddenly emptied a joint account or started moving money out of reach, Nebraska law offers two different kinds of help. It matters which one you need.
The first looks forward. Once a divorce complaint is filed, a Nebraska court can enter orders that restrain someone from transferring, concealing, or otherwise disposing of property. It can also address temporary support and attorney fees while the case is pending. An emergency (ex parte) property order is short by design: it lasts no more than ten days or until a hearing, whichever comes first. Continued protection requires further court action.
The second looks backward. A court may find that a spouse dissipated marital money, meaning the spouse used it for a selfish purpose unrelated to the marriage while the marriage was undergoing an irretrievable breakdown. If so, the court can count that money as part of the marital estate when it divides property.
Neither tool guarantees that the money comes back, and a drained account does not by itself prove dissipation. Purpose, timing, and documentation all matter. Don't assume that filing for divorce freezes your accounts. Nebraska's divorce statute gives you a way to ask for protective orders, but it doesn't freeze anything on its own.
If your balance just dropped, take these steps:
Save complete statements and transfer records.
List the bills that are coming due.
Avoid a retaliatory withdrawal.
Follow any order that already exists.
Talk with a Nebraska divorce lawyer promptly about whether protective relief makes sense.
See Neb. Rev. Stat. § 42-357 and Reed v. Reed, 277 Neb. 391, 763 N.W.2d 686 (2009).
Don't assume filing freezes the accounts
Many people assume that once a divorce is filed, the money is locked in place. Don't count on it. Section 42-357 gives you a way to request protective orders, but the statute doesn't freeze accounts on its own. Have your lawyer check which orders and procedures apply in your case.
Until a court enters an order that covers the account, your bank will usually follow the account agreement. That's why "the bank let them do it" doesn't settle anything. The Consumer Financial Protection Bureau says that in most circumstances, either owner of a joint checking account can withdraw money from it and even close it. Whether that withdrawal was fair to the marriage is a separate question for the divorce court. CFPB joint-account guidance.
Can a Nebraska court stop more money from leaving?
A court may grant relief when the request and the evidence support it. Nebraska district courts can make temporary orders about the parties' property rights, support, and attorney fees while a divorce is pending. Neb. Rev. Stat. § 42-351. Section 42-357 adds specific emergency tools.
Emergency (ex parte) property orders
"Ex parte" means the judge can act on your sworn affidavit before hearing from your spouse. Under § 42-357, once a complaint is filed, a court may issue an ex parte order. The order can restrain a person from transferring, encumbering, hypothecating (pledging), concealing, or otherwise disposing of property.
Several details in the statute shape what that order can realistically do:
It has built-in exceptions. The restraint does not cover transactions in the usual course of business or spending for the necessaries of life. Whether a particular payment fits those exceptions depends on the facts and on the order's actual wording.
It is short. An ex parte property order lasts no more than ten days or until a hearing is held, whichever is earlier. If you need protection to continue, plan for the hearing from the start.
It can require an accounting. The court may require the restrained party to account for unusual expenditures made after the order is served.
Transfers made before the order was served still matter. What your lawyer can do about them depends on where the money went and whether it's still available. Options may include tracing the funds, asking for temporary property relief, using discovery, raising a dissipation claim, or bringing claims that affect whoever received the money.
The court decides whether an affidavit is sufficient. A judge may grant, limit, or deny an emergency request, or may set it for a hearing first.
What to prepare for an emergency request
Useful supporting information includes dates, amounts, account records, and the harm a delay would cause. Be ready to give your lawyer:
The date and amount of each withdrawal or transfer, and where the money went if you know.
The account balance before and after, with the statements that show it.
Any message suggesting that more transfers are coming.
Upcoming obligations the transfers put at risk, such as a mortgage payment or a child's tuition.
Why waiting for a regular hearing would cause harm.
A clear, factual timeline usually serves you better than commentary about your spouse's character.
What to expect at a temporary hearing
In Lancaster County (the Third Judicial District), temporary-order hearings are heard on affidavits only unless the court orders otherwise. They're held in chambers unless the court orders otherwise, a self-represented party is present, or a party or attorney asks for a courtroom hearing. A court reporter is available on request. District Court Rule 3-9(B).
In Lancaster County, then, your written evidence may be most of the evidence the judge sees at this stage. Other Nebraska district courts, including those in Douglas and Sarpy Counties, have their own local rules and practices. Your lawyer should check the procedures for the court handling your case.
Keeping money in place and paying the bills are separate requests
A restraining order can help keep remaining funds in place. It doesn't put money in your hands to cover next month's rent.
Temporary support isn't automatic. Section 42-357 requires service of process and a request for temporary support in the pleadings or by motion. The court generally can't enter the support order until three days after notice of the hearing has been served, unless notice is waived. That's a minimum notice period. It doesn't promise a hearing or a payment within three days.
Temporary attorney fees may also be available under § 42-351. Availability doesn't guarantee an award, an amount, or immediate payment.
A short, honest budget helps here. List your essential monthly expenses, their due dates, your available income, and the shortfall. That turns "I'm in trouble" into a specific problem the court can consider.
When does spending become "dissipation of marital assets"?
Nebraska courts define dissipation as one spouse's use of marital property for a selfish purpose unrelated to the marriage at a time when the marriage is undergoing an irretrievable breakdown. Reed v. Reed, 277 Neb. 391, 763 N.W.2d 686 (2009). So the question is not only how much money left the account, but why and when it left.
Timing is often the hardest part
Dissipation can be based on conduct before the spouses separated or before anyone filed for divorce. The question is when the marriage began undergoing an irretrievable breakdown, not when it was already over. Schnackel v. Schnackel, 27 Neb. App. 789, 937 N.W.2d 234 (2019).
That timing must actually be proven. In Schnackel, the Court of Appeals reviewed extensive spending on a romantic partner, including jewelry, trips, and cash, during the marriage's breakdown. But spending on an affair doesn't automatically establish dissipation. In Schwensow v. Bartnicki, 32 Neb. App. 798 (2024), the Court of Appeals upheld the denial of a dissipation claim. The only evidence offered of the breakdown was the other spouse's spending on third parties, and that alone didn't establish when the marriage began breaking down.
Common patterns
Household bills. Money that paid the mortgage, groceries, or a child's medical bills is very different from money spent solely for one spouse's benefit.
Spending on an affair. This kind of spending may support a dissipation claim. You still need evidence of when the breakdown began.
Money moved but not spent. Money transferred to a new account may still be there. That situation calls for tracing and possibly temporary relief, not necessarily a dissipation claim.
Gambling, business costs, or "expenses." A label doesn't answer the question. The records behind it do.
Proof is what moves the needle
The spouse claiming dissipation has the initial burden. Once that spouse produces sufficient evidence, the burden shifts to the spending spouse to show that the money went to marital purposes. In Schnackel, the court explained that vague, general testimony that the money paid "marital expenses" is not enough.
Weak proof can also sink a claim. In Anderson v. Anderson, 27 Neb. App. 547, 934 N.W.2d 497 (2019), the Court of Appeals rejected charging one spouse with a $20,000 retirement-account transaction. The evidence didn't establish that the full amount went to gambling debts, or that the transaction happened during the marriage's breakdown. Suspicion, even reasonable suspicion, is no substitute for dates, dollar amounts, and context.
What can the court do about money that is already gone?
Proven dissipation can be counted even though the cash no longer exists. The Nebraska Supreme Court has held that marital assets dissipated for purposes unrelated to the marriage should be included in the marital estate. Reed.
In practice, the dissipated amount may be treated as though the spending spouse already received it. For example, if a court found that $20,000 was dissipated, it might charge that value against that spouse's share when dividing property. That doesn't necessarily mean a separate $20,000 payment.
Nebraska requires a property division that is reasonable under the circumstances, and the judge weighs the marital estate as a whole. Neb. Rev. Stat. § 42-365. There is no guaranteed dollar-for-dollar result.
A favorable finding also can't recreate money that has been spent. How much a dissipation finding is worth often depends on what remains in the estate and whether a judgment can actually be collected. That practical limit is one of the strongest reasons to act early.
What to gather now
Collect only what you can lawfully access:
Complete statements for each affected account, from before and after the withdrawals, including every transaction page.
Transfer confirmations, check images, and receipts that show who received the money.
Texts and emails about the money, saved with their dates and the surrounding conversation.
A one-page timeline of the disputed spending and of when the marriage started to fall apart.
A list of essential bills, their due dates, and the balances you can currently reach.
For each disputed transaction, note the date, the amount, its known purpose, the document that shows it, and what you still don't know. Watch for double counting. For example, don't list both a credit-card purchase and the later payment of that same charge.
It's normal for records to be incomplete at the start. Don't wait for a complete file before you contact a lawyer.
Questions to ask a Nebraska divorce lawyer
Based on what I have, should we seek an ex parte property order or request a hearing?
If the court enters an order, how will it be served, and what steps should follow?
Should we request temporary support or attorney fees at the same time?
What does the local court require for affidavits at a temporary hearing?
Which records should we request through discovery, and from whom?
Is the spending I'm worried about a preservation problem, a possible dissipation claim, or both?
Frequently asked questions
Can I get a § 42-357 order before I file for divorce?
No. Ex parte orders under § 42-357 are available after a divorce complaint has been filed. If money is moving quickly, when you file becomes part of the strategy. Ask your lawyer how to coordinate filing with any emergency request. § 42-357.
The bank allowed the withdrawal. Does that mean my spouse was entitled to the money?
No. A bank's willingness to process a transaction is a different question from how a divorce court divides marital property. A joint owner can usually withdraw funds under the account agreement, but the court still decides how the marital property is divided. CFPB; § 42-365.
What if the account is only in my spouse's name?
Whose name is on the account doesn't decide whether the money is marital. As a general rule, property either spouse acquires during the marriage is part of the marital estate unless an exception applies. The spouse claiming the money is nonmarital must prove it. Anderson v. Anderson, 27 Neb. App. 547 (2019).
Can spending count if we still lived together and nobody had filed?
Yes, potentially. Dissipation can be based on conduct before separation or filing, if the marriage had begun undergoing an irretrievable breakdown when the spending happened. Living under the same roof doesn't answer that question either way. The evidence still has to show when the breakdown began.
Can my spouse still pay ordinary bills if there's an order?
Section 42-357 includes exceptions for transactions in the usual course of business and for the necessaries of life. Whether a particular payment is permitted depends on the facts and on the order's wording. Have your lawyer review any uncertain transaction. Don't assume that calling something a household or business expense makes it permissible.
My spouse controls all the statements. How do I get them?
Once the case is underway, formal discovery can require your spouse to produce documents, and subpoenas can reach banks and other nonparties. A document subpoena to a nonparty involves advance written notice to the other parties and gives the recipient a chance to object. Neb. Ct. R. Disc. § 6-334(A). Don't log into your spouse's accounts without authorization to speed things up.
Should I withdraw half of what's left before my spouse does?
Get advice first. A defensive withdrawal can leave bills unpaid, complicate the accounting you'll rely on later, or violate an order you didn't know about. If you need money for essentials, ask how to access it properly, and document every dollar you use.
My spouse says the withdrawals were business expenses. What should I look for?
Ask for invoices, payroll records, payee names, and an explanation of how each transaction fits the business's normal operations. Compare those with prior years. Calling something a business expense doesn't explain it on its own. Your lawyer can help judge whether the records support the explanation.
Can the judge make my spouse's relative give the money back?
Possibly, but that's a harder road. To undo a transfer to someone else, the person who received the property generally must be made a party to the case. Joining that person doesn't guarantee repayment, because a valid claim and the proper procedures are still required. Asking the court to count the value as dissipation between the spouses is a separate request. Reed.
What if my spouse keeps moving money after a court order?
Save the transaction records and tell your lawyer right away. A willful violation of a lawful court order can support contempt proceedings. The court will look at the order's exact wording, whether your spouse knew about the order, and whether the violation was intentional. Sanctions aren't automatic. Neb. Rev. Stat. § 25-2121.
Getting help when household money is at risk
Start with the most urgent shortfall and the most recent transactions. When you contact our firm, tell us:
whether a divorce has been filed;
whether any financial orders already exist;
roughly how much money moved, and when;
which bills are coming due.
Use a private email account and a device your spouse can't access. Don't send full account numbers or sensitive records in your first inquiry. We'll tell you how to share documents securely.
Money conflicts rarely stay about money. They often affect communication and, for parents, co-parenting. Our firm offers in-house co-parenting and divorce coaching to our clients at no additional fee. Coaching provides practical support alongside legal representation. It is not a substitute for legal advice or mental-health treatment.
Disclaimer: This article is for general educational purposes only and is not legal advice. Nebraska law, court rules, and local practices change, and this article may not reflect the most current developments. Every case depends on its own facts and on the court's discretion. Do not rely on this article to calculate a deadline, transfer funds, or disregard a court order. If money is moving or essential bills are at risk, get individualized legal advice promptly. Reading this article or contacting our firm does not create an attorney-client relationship.