Should “Sunken Costs” Keep You in a Marriage That No Longer Serves You?
This article explores the “sunken cost fallacy” in marriage—the feeling that you’ve invested too much time, money, or effort to leave, even if the relationship is unhealthy. We connect this psychological trap to Nebraska’s no-fault divorce laws and explain how the courts handle key issues like the equitable division of the marital estate, the best interests standard for child custody and parenting time, and the role of alimony (spousal support) in ensuring financial stability. If you feel trapped in a marriage that no longer serves you, understanding the legal process can replace fear with clarity and help you make decisions based on your future rather than your past.
Understanding the Sunken Cost Fallacy in Marriage
Many people feel stuck in unhappy relationships because of what they’ve already invested. Years of shared history, raising children, a home, retirement accounts, or even debt can make leaving feel like “throwing everything away.” Economists call this the sunken cost fallacy—believing past investments should dictate future choices.
In marriage, this mindset often delays the inevitable. Couples stay together out of guilt, fear, or habit instead of asking whether the relationship supports their health, safety, and long-term well-being. Recognizing this fallacy can be the first step toward creating a better future.
Common Reasons People Stay Stuck
Clients often share similar fears when considering divorce in Nebraska:
“We’ve been together so long.”
“What about the kids?”
“Our finances are too tied up.”
“I’ll wait until the children turn 18.”
These are understandable worries, but staying married solely because of past investments often prolongs stress and instability—for both adults and children.
Nebraska Law and Moving Forward
No-Fault Divorce
Nebraska is a pure no-fault divorce state. The only legal requirement is showing that the marriage is “irretrievably broken.” You do not need to prove fault, wrongdoing, or blame.
Division of the Marital Estate
Nebraska courts divide property and debts through equitable distribution, which means fair and reasonable, not necessarily equal. The marital estate may include the house, retirement accounts, business interests, vehicles, and debts.
Child Custody and Parenting Time
When children are involved, Nebraska courts base all decisions on the best interests of the child. This includes creating a workable parenting plan that prioritizes stability, safety, and the child’s relationship with both parents.
Alimony (Spousal Support)
In some cases, Nebraska judges may order alimony (often called spousal support) to ensure financial fairness. Courts can also issue temporary support while the divorce is pending.
FAQ: Divorce, Sunken Costs, and Nebraska Law
How is the marital estate divided in a Nebraska divorce?
Nebraska uses equitable distribution, meaning the court divides all marital assets and debts in a way that is fair—even if not perfectly equal. This includes the family home, retirement accounts, and liabilities like credit cards or loans.
How is child custody and parenting time decided in Nebraska?
The guiding standard is the best interests of the child. Courts look at stability, parental involvement, the child’s needs, and the ability of each parent to provide a safe and supportive environment.
What if I feel financially trapped in the marriage?
This is a common fear, but Nebraska law provides safeguards. Courts divide the marital estate, can award temporary support during the case, and may order alimony (spousal support) after divorce to ensure financial stability. An attorney can help you map out your financial picture and advocate for fairness.
Is it better to wait until the kids are 18?
Not necessarily. Children are often more affected by years of conflict than by a well-managed divorce. Modeling healthy boundaries and respectful co-parenting can benefit children more than staying “for their sake.”
Do I need to prove fault to get divorced in Nebraska?
No. Nebraska requires only that the marriage is irretrievably broken. Fault is not considered in granting the divorce itself.
From Understanding to Action
Recognizing that the sunken cost fallacy is influencing your decisions is an important first step. The next step is gathering clear information about the Nebraska divorce process—how property is divided, what parenting plans look like, and what timelines to expect. Knowing the facts replaces fear with confidence and empowers you to decide based on your future, not just your past.
You Don’t Have to Stay Stuck
Ending a marriage is never easy, but you don’t have to let past investments keep you from building a healthier, more fulfilling future. At Zachary W. Anderson Law, we help Nebraskans understand their rights, create strategies for protecting their children and finances, and take clear steps forward with compassion and respect.
Ready to explore your options?
📞 402-259-0059
📧 zach@zandersonlaw.com