Nebraska Supreme Court Holds Future Payments Can Be Divided

Sat, 06 May 2017 18:05:00 GMT

Divorce Courts sometimes struggle with how to divide up assets that are acquired during a marriage. It is especially troublesome when a court is asked to divide future business payments that have been earned but are not expected to be paid for some time.

The Nebraska Supreme Court recently addressed the issue. The question presented to the Court was whether future termination payments were marital property under Nebraska law.

Typically, property acquired during a marriage is subject to division between the husband and wife. Nebraska Courts attempt to divide property earned during the marriage equally between spouses.

The termination payments in question were to be paid at some future date and were not yet due and payable at the time of the divorce. Some state supreme courts, such as Arkansas, South Carolina, and Illinois have held that the future payments were not marital property subject to division. Other state courts, such as California, Tennessee, and Texas, have held that the future payments were marital property subject to division between a husband and wife. The Nebraska Supreme Court found that the argument that the payments were marital property subject to division was more persuasive. As a result, those types of future payments are considered marital property, subject to division between the spouses. Bergmeier v. Bergmeier, 296 Neb. 440 (2017)

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Nebraska Supreme Court Holds Future Payments Can Be Divided