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Spousal Support, better known as alimony, is usually a contentious issue in Nebraska divorce cases. One of the main problems is that there is no formula to calculate alimony in Nebraska, like there is with child support, and the factors used by the district court to determine alimony are somewhat vague.
The Nebraska Court of Appeals recently held in Becker v. Becker, 20 Neb.App. 922 (2013), that the district court did not err in ordering a wife with significantly more income than the husband to pay alimony despite the husband not having a “need” for the alimony to pay his monthly expenses.
The Nebraska Court of Appeals outlined the factors used by the district court in determining whether a party would pay alimony in Nebraska as:
- “regard for the circumstances of the parties”;
- “duration of the marriage”;
- “history of contributions to the marriage by each party, including contributions to the care and education of children, interruption of personal careers or educational opportunities, and ability to be engaged in gainful employment without interfering with the interests of any minor children in the custody of such party”;
- “income and earning capacity of each party”;
- “general equities of each situation”.
The Court of Appeals further stressed Nebraska alimony law as: “In determining whether alimony should be awarded, in what amount, and over what period of time, the ultimate criterion is reasonableness. The purpose of alimony is to provide for the continued maintenance or support of one party by the other when the relative economic circumstances make it appropriate. Disparity in income or potential income may partially justify an award of alimony.” Hosack v. Hosack, 267 Neb. 934 (2004).
The Beckers were married for over 20 years, earned significant income throughout the marriage, both made significant contributions to the household and children, and both had an interruption of their professional career for the benefit of the other at one time. Within the last several years, Mrs. Becker’s income increased dramatically to an amount calculated to be over $23,000 a month, with a net amount of over $14,000. Further, Mrs. Becker testified that her monthly expenses neared $13,500. The Nebraska Court of Appeals determined that some of her expenses were speculative and/or were not necessary or essential and held she had significant disposable income.
Mr. Becker earned around $7,000 per month gross income and $4,800 net, with expenses approximately $3,600, leaving disposable income of $1,200 a month. Mrs. Becker argued that alimony should not be awarded because Mr. Becker doesn’t have a need based on the large disposable income.
Despite Mr. Becker having a large amount of disposable income, the Nebraska Court of Appeals found that the significant disparity of the current incomes of the parties merited an award of alimony from Mrs. Becker to Mr. Becker.
The Becker case is a good factual case in exhibiting that alimony in Nebraska is not just for women.