How do I determine a fair division of assets in a military divorce?

Determining a fair division of assets in a military divorce in Nebraska can be complicated and should be handled by a professional. All divorcing couples must divide their assets in a manner that a court will deem fair and equitable. First and foremost, there is the Uniformed Services Former Spouses’ Protection Act (USFSPA) which is a federal law that mandates the division of some military benefits in the event of a divorce, such as pensions and health care. In Nebraska, the division of assets in a military divorce may be determined by the court using equitable distribution. This type of distribution takes into consideration each party’s financial circumstances and the contributions of each spouse to the marriage. Additionally, any marital property acquired during the marriage should be divided in a manner that is fair and equitable. The court will also consider factors such as the length of the marriage, each party’s income, and the value of the separate property each individual brings into the marriage. Additionally, any prenuptial or postnuptial agreements may be taken into consideration when deciding on the division of assets. In Nebraska, it is important to note that any military benefits earned during the marriage are considered marital property and the court may need to consider the USFSPA when determining an equitable division. Lastly, it is important to remember that if both parties are unable to come to an agreement on the division of assets, the court will ultimately decide and will consider factors such as the needs of each party.

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