Omaha, NE asked in Divorce and Family Law for Nebraska

Q: Under NE law, can someone pay off alimony early, in full, to prevent ex-spouse from seeking future increase?

The NE alimony statue says, "A decree may not be modified to award additional alimony if the entire amount of alimony allowed in the original decree had accrued before the date of filing of the complaint to modify."

Is this a correct interpretation? Thank you.

Related Topics:
1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: It is a creative interpretation and could be argued to prevent further alimony.

On the other hand, the statute generally means that if alimony was paid off monthly and all monthly payments were made, you are too late to file a modification to increase or extend alimony.

If you want to ask the Court to increase or extend alimony, you generally need to file it before the current alimony is paid in full.

If the other parent has decided to pre-pay alimony (whether in part or in full), it might make sense to file an action to ask for additional alimony as there is now evidence that the other party has the ability to pay more than currently ordered. It would be up to the Court to decide whose interpretation of the statute is correct under the specific circumstances of your case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.