What Happens If My Spouse Makes a Big Purchase Without Me in Nebraska?
When a Nebraska spouse makes a major financial decision without the other’s input—like draining home equity to buy a luxury car—it can feel like a deep betrayal. Beyond the emotional fallout, Nebraska law has clear rules for how these actions are handled in a divorce. Concepts like marital property, dissipation of assets, and equitable division are critical. Understanding how Nebraska courts view unilateral spending can help you protect your financial health. This post explains Nebraska’s laws on marital property, what legal options you have when a spouse spends marital money irresponsibly, and how tools like prenuptial agreements can offer protection.
The Real-Life Scenario: A Story That Resonates
Recently, People reported on a wife whose marriage was “imploding” after her husband secretly refinanced their home, pulled out $80,000 in equity, and bought a luxury car. This struck a chord because it highlights a common fear: what happens when one partner’s secret financial decisions threaten the family’s stability?
In Nebraska, this isn’t just a private matter. It has serious legal consequences for the division of property and debt in a divorce.
Is a Secret Purchase Grounds for Divorce in Nebraska?
Nebraska is a no-fault divorce state. That means you don’t need to prove that a secret car purchase (or any other act) caused the marriage to fail. You only need to show that the marriage is irretrievably broken.
However, the behavior that contributes to the breakdown—such as financial infidelity or dissipating assets—absolutely matters when the court decides how to divide marital property and debts.
Marital vs. Separate Property: Who Owns What?
Under Neb. Rev. Stat. § 42-365, almost all property acquired and debts incurred during the marriage are considered marital property, subject to equitable division.
In the People article example, the husband used equity from the marital home (a marital asset) to take on a loan (a marital debt) to buy the car. That vehicle is almost certainly marital property. In a divorce, its value and the associated loan would be included in the marital estate for equitable division.
What Is Dissipation of Marital Assets in Nebraska?
When one spouse wastes or misuses marital funds for their own benefit—especially as the marriage is deteriorating—Nebraska courts may find dissipation of assets.
Examples include:
Spending money on an affair
Gambling losses
Extravagant personal purchases (like a luxury car) that serve no family purpose
If a judge finds dissipation, they can adjust the property division to make things fairer—for example, by awarding the other spouse a larger share of the remaining assets.
Proactive Protection: Prenuptial and Postnuptial Agreements
Couples can set financial boundaries ahead of time.
Prenuptial Agreements: In Nebraska, prenups are governed by the Uniform Premarital Agreement Act (Neb. Rev. Stat. §§ 42-1001 to 42-1011). A prenup can define what counts as separate property, outline rules for major purchases, and shield one spouse from the other’s debts.
Postnuptial Agreements: These are less common in Nebraska but may be enforceable if they meet contract law standards and are fair. They can serve the same purpose as a prenup, but they’re signed after the marriage begins.
What to Do If Your Spouse Made a Major Purchase Without You
If your spouse makes a large purchase without your knowledge, you have options under Nebraska law:
Consult a Family Law Attorney: Learn your rights and develop a plan.
File for Divorce or Legal Separation: Doing so can trigger automatic financial restraining orders, limiting unusual expenditures.
Request an Accounting: Demand full disclosure of all marital assets and debts.
Raise a Dissipation Claim: In divorce proceedings, argue that your spouse’s spending unfairly depleted the marital estate.
Frequently Asked Questions (FAQs)
Q: Is a car bought during our marriage marital property in Nebraska?
A: Yes. If it was purchased with marital funds or debt, it is considered marital property, even if only one spouse’s name is on the title.
Q: My spouse spent our savings without my permission. What happens in a divorce?
A: If the spending was reckless or for non-marital purposes, a Nebraska court can treat it as dissipation and award you a larger share of the remaining property.
Q: Am I responsible for my spouse’s secret car loan?
A: Generally, debts incurred during marriage are marital debts. But if the loan was for a reckless or non-marital purpose, a judge may assign responsibility for that debt entirely to your spouse.
Q: Can a prenup prevent this kind of issue?
A: Yes. A valid Nebraska prenuptial agreement can limit liability for unilateral debts and protect separate property.
Protecting Your Financial Future
The viral People story is a reminder that financial decisions in marriage are partnership decisions. In Nebraska, a spouse’s unilateral actions can have serious financial and legal consequences.
At Zachary W. Anderson Law, I help clients across Nebraska navigate complex property division issues with clarity and confidence. If you’re concerned about your spouse’s financial behavior, contact my office today to schedule a confidential consultation.