Does alimony have to be agreed upon by both parties?

In Nebraska, alimony is not mandatory and must be agreed upon by both parties in order to be awarded. In order for alimony to be awarded, the court must determine that a spouse is dependent upon the other spouse for financial support. The court must also consider the level of dependency, the length of the marriage, the age and health of the spouses, the earning capacity of each spouse, and the property division. In order for a court to award alimony, there must be an agreement between both parties. The agreement must outline the amount of alimony to be paid as well as the duration of time the alimony is to be paid. The agreement must also include a provision for the enforcement of the alimony award should one spouse fail to make the payments as agreed. The decision to award alimony is made by the court, in accordance with the facts presented by each spouse. The court will also consider any prior agreements between the spouses, such as a divorce agreement. In some cases, the court may not award alimony, if the court determines that both parties are in a financial situation in which neither spouse needs the alimony. In Nebraska, both parties must agree in order for alimony to be awarded. The agreement must provide the court with sufficient evidence that one spouse is dependent upon the other spouse for financial support and that the alimony award is necessary. Additionally, the agreement must outline the amount of alimony to be paid as well as the length of time it will be paid.

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