Prenups in Nebraska: What They Can (and Can’t) Do for You
If you’re getting married in Nebraska and thinking about a prenuptial agreement, it’s worth understanding what these contracts can and can’t do. Prenups often get a bad rap—seen as unromantic or only for the ultra-wealthy—but they can be practical tools for couples who want clarity and control over their financial futures.
What Can a Nebraska Prenup Cover?
Nebraska law allows couples to use prenuptial agreements (also called premarital agreements) to address a range of financial matters. Here are some common issues that can be included:
Property rights: You can specify what property remains separate and what becomes marital property. This includes assets you bring into the marriage and those you acquire during it.
Debt obligations: A prenup can outline who is responsible for certain debts, protecting one spouse from the other’s financial liabilities.
Division of property upon divorce or death: The agreement can set terms for how property will be divided if the marriage ends, whether by divorce or death.
Spousal support (alimony): You can agree in advance on whether either spouse will receive alimony and, if so, how much and for how long.
Retirement benefits and life insurance: The prenup can determine how these assets are handled, ensuring that each party’s intentions are clear.
However, there are limits. Prenups in Nebraska cannot predetermine child custody or child support arrangements, as these decisions are made based on the child’s best interests at the time of divorce. Additionally, any provisions that violate public policy or state laws will not be enforceable.
What Makes a Nebraska Prenup Enforceable?
For a prenuptial agreement to hold up in court, it must meet certain criteria:
Written and signed: The agreement must be in writing and signed by both parties before the marriage.
Voluntary: Both parties must enter into the agreement willingly, without coercion or undue pressure.
Full disclosure: Each party should fully disclose their assets and debts. While the absence of full disclosure alone may not invalidate the agreement, it can be a factor in determining enforceability.
Fair and reasonable: The terms should not be unconscionable or grossly unfair to one party.
Independent legal counsel: While not required, it’s advisable for each party to have their own attorney to ensure that their interests are adequately represented.
Courts will consider various factors when determining enforceability, such as the timing of the agreement (e.g., whether it was signed shortly before the wedding) and the presence or absence of independent legal advice.
Final Thoughts
A prenuptial agreement isn’t about anticipating divorce; it’s about having open and honest conversations about finances and expectations before entering into marriage. By clearly outlining each party’s rights and responsibilities, a prenup can provide peace of mind and help prevent conflicts down the road.
If you’re considering a prenuptial agreement in Nebraska, consulting with a qualified family law attorney can help ensure that your agreement is tailored to your specific needs and complies with state laws. Contact me at 402-259-0059 or zach@zandersonlaw.com and we’ll discuss how to ensure this happens.