Getting divorced can be a challenging process, especially when you have to divide a shared life. Property division is one of the biggest challenges couples face during the process. It’s not just about who gets what. It’s about fairness, legal rights, and setting a foundation for the next chapter.
If you’re in Omaha and wondering how to approach property division with clarity and confidence, this guide offers practical tips. And if you want guidance tailored to your specific situation, the Plains Legal Group Omaha family lawyers are here to help you protect what matters most.
Know the Difference between Marital and Separate Property
One of the initial steps in a divorce is determining which assets are part of the marriage and which are not. Marital property includes everything you and your spouse acquired during the marriage, like your home, cars, savings, and even retirement accounts. Separate property usually refers to assets one person owned before the marriage, inheritances, or gifts received personally.
Understanding this difference is key. A divorce normally divides only marital property, leaving separate property to its original owner.
Don’t Assume a 50/50 Split
Many people believe property is always split down the middle. That’s not always true. Nebraska follows the “equitable distribution” principle, which helps with dividing assets on a fair scale rather than an equal one. The monthly income of each spouse, marriage contributions, and future monetary requirements are among the factors the court considers.
For example, one partner might keep the family home. A higher percentage of the retirement funds goes to the other. The goal is to reach a balance, not just do the math.
Make a Complete List of All Assets and Debts
Before you can divide anything, you need to know what you’re working with. Be calm and list everything, such as homes, land, vehicles, checking accounts, credit cards, loans, business interests, and even valuables like jewelry or art.
Don’t hide anything or try to “forget” certain accounts. It can lead to legal trouble later. Transparency is the first step to a fair outcome.
Think About the Long-Term Value
When deciding who gets what, look beyond today. A house may feel valuable now, but it also comes with upkeep, taxes, and mortgage payments. A retirement account may seem far off, but it can mean financial security down the road.
Collaborate with legal and financial professionals to gain a thorough understanding of the situation. What seems fair now may feel different in a few years.
Keep Emotions Out of Decisions
During a divorce, emotions frequently take over. But letting anger or guilt guide your decisions can lead to outcomes you’ll regret. Stay focused on what’s fair, practical, and in your best interest.
Having someone by your side who understands the law and the emotional weight of divorce can make a big difference. That’s where the Plains Legal Group Omaha family lawyers come in. They provide level-headed, compassionate legal advice to help you move forward with confidence.
Final Thoughts
Dividing property in divorce doesn’t have to become a battle. With the right knowledge and support, couples in Omaha can reach fair, balanced agreements that help both sides start fresh.
If you’re facing divorce and unsure where to begin, visit Plains Legal Group to speak with experienced family lawyers who can guide you through every step.
