What Kevin Costner’s Divorce Teaches Us About Prenups in Nebraska

Kevin Costner’s recent divorce has stirred up more than just tabloid buzz—it’s sparked a national conversation about prenuptial agreements, especially around whether they’re enforceable when a marriage ends.

Now, I’ll be honest—I’m not exactly a Kevin Costner superfan. But as a Nebraska attorney, it’s hard not to think of Field of Dreams when his name comes up. That classic film, filmed just across the border in Iowa, feels surprisingly relevant here. Because drafting a solid prenup? It really is like building a ballfield: if you lay the groundwork clearly and carefully, it can prevent a whole lot of trouble down the line.

So how do prenups work in Nebraska—and what should you know before signing one?

Nebraska Prenuptial Agreements: The Legal Framework

Prenups (also called premarital agreements) are governed by the Nebraska Uniform Premarital Agreement Act, found in Neb. Rev. Stat. § 42-1001 et seq.

A prenuptial agreement in Nebraska is a contract between two people who intend to marry. It lays out how property, assets, and debts will be handled in the event of divorce or death. But here’s the part that often gets overlooked: not all prenups are enforceable.

To be legally valid in Nebraska, a prenuptial agreement must meet several key requirements.

What Makes a Nebraska Prenup Enforceable?

To be enforced by a Nebraska court, a prenuptial agreement must:

• Be in writing and signed by both parties

• Be entered into voluntarily, without coercion or undue pressure

• Include full and fair disclosure of both parties’ financial situations before signing

• Avoid being unconscionable (grossly unfair) at the time it’s enforced

• Not waive rights that cannot legally be waived—such as the right to child support for any future children

This is where high-profile cases like Kevin Costner’s come into play. In many celebrity divorces, the court battle doesn’t just revolve around what the prenup says—it often hinges on how it was created. Was there pressure to sign? Did one party hide assets? Were both people properly informed?

Those same issues come up in Nebraska cases, too—just without the paparazzi.

Common Mistakes Nebraska Couples Make with Prenups

One of the most common mistakes I see is waiting too long to start the conversation. If a prenup is drafted or signed right before the wedding, it can raise red flags about voluntariness or unequal bargaining power.

Another issue? Skipping independent legal advice. Nebraska law doesn’t require both parties to have separate lawyers—but having your own attorney is one of the best ways to show that the agreement was entered into fairly and with informed consent. It also helps ensure that each person actually understands what they’re signing.

And finally, couples sometimes fail to fully disclose their assets and debts before signing. If one party finds out later that critical financial information was withheld, that can be grounds to challenge the entire agreement.

When a Prenup Makes Sense in Nebraska

A prenuptial agreement is not just about planning for divorce—it’s about building trust by setting clear expectations.

A Nebraska prenup can:

• Protect family-owned businesses or farms

• Preserve inheritances for children from a prior relationship

• Clarify how to handle premarital property or debt

• Shield one spouse from the other’s financial obligations

• Help reduce legal costs and conflict in the event of divorce

When done right, it can actually strengthen the relationship by reducing uncertainty and giving both partners confidence in how finances will be handled.

Planning Ahead: Start Early and Seek Guidance

If you’re considering a prenuptial agreement in Nebraska, don’t wait until the last minute. These contracts should be drafted and reviewed well before the wedding to avoid any suggestion of pressure or haste.

Start with a candid conversation about:

• What each of you brings into the marriage

• How you want to handle property, debts, and financial decisions

• What protections or assurances would help both of you feel secure

Then, work with a qualified Nebraska attorney to draft or review the agreement. Ideally, both parties should have independent counsel—not just for legal protection, but to ensure fairness and mutual understanding.

Frequently Asked Questions

Is a prenuptial agreement valid in Nebraska?

Yes. Nebraska recognizes prenuptial agreements under the Nebraska Uniform Premarital Agreement Act. But for a prenup to be enforceable, it must meet legal requirements related to fairness, disclosure, and voluntariness.

Can a prenup cover child support or custody?

No. Nebraska courts will not enforce any clause in a prenup that limits or waives a child’s right to financial support. Child custody and parenting time decisions must also follow the child’s best interests—not a private agreement.

Do both parties need lawyers for a Nebraska prenup?

Nebraska law doesn’t require separate attorneys, but it’s strongly recommended. Independent legal advice can protect your interests and improve the agreement’s enforceability in court.

What happens if a prenup is found to be invalid?

If a Nebraska court finds that a prenup is unenforceable, the couple’s property and debts will be divided under the state’s default rules—typically through an equitable division of marital assets.

Lay the Foundation Before You Say “I Do”

Whether you’re a movie star or a couple planning your wedding right here in Nebraska, one truth remains the same: clear legal planning now prevents conflict later. A prenup should never be rushed, hidden, or one-sided. Instead, it should be a thoughtful document that reflects trust, communication, and legal clarity.

If you’re getting married in Nebraska and want to explore whether a prenuptial agreement makes sense for your situation—or if you’re already married and want to discuss a postnup or estate plan to set clear financial expectations—I’d be happy to help.

You can reach me at 402-259-0059 or zach@zandersonlaw.com to schedule a consultation. These conversations might feel awkward at first—but when handled with care, they can be a strong foundation for your future together.