Postnuptial Agreements in Nebraska: When “I Do” Becomes “I Don’t”

Nobody walks down the aisle thinking they’ll one day be Googling divorce lawyers. But life shifts. People change. Communication breaks down. And suddenly, the future you planned together feels uncertain.

So what happens when “I do” turns into “I don’t”?

Let’s talk about it—from the legal side, not just the emotional one.

Divorce Is a Legal Process—Even When It Feels Personal

Let’s be real: divorce is emotionally brutal. But it’s also a legal process. And the more you understand about how Nebraska law works, the better positioned you are to protect your rights, make informed decisions, and move forward with some sense of stability.

Whether you’re feeling blindsided, burned out, or just ready for something different, getting clear on your legal options can give you a framework when everything else feels out of your control.

Can You Create a Postnup in Nebraska?

This question comes up a lot:

“Can we agree on how to divide things now, just in case things don’t work out later?”

In some states, the answer would be yes—with a postnuptial agreement. But in Nebraska? That’s not an option. Nebraska does not recognize postnuptial agreements.

The courts here view postnups as potentially undermining the marriage itself—suggesting it’s already unstable or creating pressure between partners. So if you’re looking for a way to preemptively divide property or define separation terms while still married, you’re out of luck under current Nebraska law.

What You Can Do to Protect Yourself

Just because Nebraska doesn’t allow postnups doesn’t mean you have no options. Depending on where things stand in your relationship, you might consider one of the following:

Marital Settlement Agreements

If divorce is on the table (even if it’s just a possibility), a Marital Settlement Agreement (MSA) can help. This is a legally binding document created during the divorce process that outlines how everything will be divided—property, debts, parenting time, custody, and more.

You can work out the terms of an MSA through negotiation, mediation, or with attorneys. It doesn’t become enforceable until the divorce is filed, but it can make everything faster, clearer, and less contentious when that time comes.

Estate Waivers

In some cases—especially with second marriages or blended families—you and your spouse may want to preserve certain assets for your children from prior relationships. An estate waiver allows each of you to voluntarily give up inheritance rights from the other’s estate.

This won’t affect your divorce directly, but it can help create clarity and reduce conflict, especially when there’s a long-term estate plan in play.

When Should You Talk to a Divorce Lawyer?

Honestly? Probably earlier than you think.

Too many people wait until things are already spiraling—or after their spouse has lawyered up. But good legal advice early on can prevent costly mistakes, protect your rights, and help you make confident decisions, even if you’re still not 100% sure what you want.

You don’t have to be ready to file for divorce to talk to a lawyer. You just need to be ready to understand your options.

Whether you’re exploring reconciliation, negotiating a parenting plan, or figuring out how to protect your finances, having a compassionate—but direct—attorney by your side can give you the clarity and calm you need to move forward.

Let’s Talk About What Comes Next

Divorce isn’t about winning. It’s about protecting yourself, your peace of mind, and your future. If you’re navigating a separation—or even just thinking about it—I’m here to help you sort through the legal side of things without judgment or pressure.

Contact Zachary W. Anderson Law at 402-259-0059 or zach@zandersonlaw.com.

Let’s make sure your next steps are grounded, informed, and yours to make.