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 happens. Priorities shift. Communication breaks down. And suddenly, you’re staring down the reality that the life you built together might be heading in a different direction.

So, what do you actually do when “I do” turns into “I don’t”?

Let’s start here: divorce isn’t just emotional, it’s legal. And even though that can feel cold when everything feels raw, understanding the legal side can help you protect yourself—and give you some structure when everything else feels upside down.

First up: if you’re married in Nebraska and thinking about how to protect your interests in the middle of a crumbling relationship, you might be wondering, “Can we just agree to split things up now in case this doesn’t work out later?” The short answer: kind of. But not with a postnuptial agreement.

Nebraska doesn’t recognize postnups. Unlike some other states, you can’t make a formal legal contract with your spouse after you’re married that divides assets or sets terms for separation down the road. Nebraska courts think that kind of agreement could mess with the core of a marriage—creating pressure, or suggesting that the marriage is already on the rocks. So, it’s a no-go.

What can you do? Well, if divorce is already on the table, you can work out a Marital Settlement Agreement. This is where you and your soon-to-be-ex spell out how everything should be divided: property, debts, parenting responsibilities, etc. It’s only enforceable once you’re in the divorce process—but it can make the whole thing smoother and less contentious.

There’s also the option of estate waivers. These are agreements where you and your spouse voluntarily give up inheritance rights from each other’s estate. This can be helpful in second marriages, blended families, or when one or both partners want to preserve assets for children from a prior relationship.

But let me be clear: no matter what you’re feeling—whether it’s panic, relief, sadness, or some chaotic combo of all three—you do NOT need to go through this alone. And you shouldn’t. The biggest mistake I see people make is waiting too long to get good legal advice. Don’t assume that because you’re “just talking about separation” that it’s too early to reach out. It’s not.

Whether you’re hoping for reconciliation but want to understand your rights, or you’re ready to draft that parenting plan and move on with your life, having a compassionate but no-BS attorney in your corner makes all the difference.

Because at the end of the day, divorce isn’t about “winning”—it’s about clarity, security, and setting yourself up for what comes next. Contact me at 402-259-0059 or zach@zandersonlaw.com.