Taking the plunge in Nebraska soon? Congrats! Next on your to-do list? Get a prenup! But where do you even begin? What do you need to know? If you’re a Nebraska resident, it’s important to understand the laws governing prenups in the state, what clauses to avoid in your prenup, what laws apply without a prenup, and the benefits of getting a prenup. Look no further—we’ve got you covered for all of these essential aspects of Nebraska prenuptial agreements, ensuring you enter your marriage with clarity and security.
1. The laws governing Nebraska prenuptial agreements
Nebraska prenuptial agreements are governed by Nebraska’s version of the Uniform Premarital Agreement Act (UPAA). This statute says what is required for a prenup in Nebraska to be valid and enforceable. Here are the requirements in Nebraska:
- Put the agreement in writing and make sure both parties sign it
- Both parties must provide financial disclosure
- The agreement must be entered into voluntarily (not under duress or coercion)
- The agreement must not be unconscionable (i.e., overly one-sided or unfair)
- The agreement must not include terms that are illegal or against public policy, such as child support matters
You can see the full statute for Nebraska prenuptial agreement requirements in Neb. Rev. Stat. § 42-1001 to 42-1011. These laws are put in place to make negotiating prenups between fiancés fair and reasonable.
2. The importance of financial disclosure
One of the key requirements for a valid and enforceable prenup in Nebraska is for each fiancé to provide full financial disclosure to the other fiancé. This means each party must share the values of their income, assets, debts, and future inheritance in a financial schedule attached to the prenuptial agreement. Each party should review the financial schedule and sign off that they have read it and understand what their partner’s finances are.
Why is this important? If either party omits financial information from the financial schedule, the agreement could be thrown out by a judge. And why is that the case? Both parties need to understand what rights and obligations they are giving up or agreeing to in the prenuptial agreement. For example, let’s say that in the prenup, the parties agree to share all marital debts 50-50. However, without financial disclosure, one party may not understand that the other has $200k in debt. Knowing this information (that your partner has $200k+ in debt) is critical in making an informed decision about the terms of the agreement, such as splitting debts 50-50.
3. If a spousal support waiver would make one party go on public assistance, it will be stricken
Another requirement in Nebraska, which many states also have, is that spousal support waivers must not leave the person waiving spousal support in a destitute position where they would need public assistance. For example, imagine a Nebraska prenup where both parties agree to waive spousal support. If, after 15 years of marriage, one spouse faces financial hardship to the point of needing public assistance, and spousal support would prevent this, a Nebraska court is likely to invalidate the spousal support waiver.
This rule underscores the importance of informed decision-making during the prenuptial agreement process. A true understanding of each party’s financial standing through financial disclosure is necessary, and a waiver of spousal support should be approached with caution, particularly if it’s already apparent that one party would lack resources and need public assistance without it.
4. Nebraska is an equitable distribution state
Another important thing to know before getting a prenuptial agreement in Nebraska is what would happen without a prenup. Nebraska follows equitable distribution principles, which means that courts will divide up a divorcing Nebraska couple according to what is fair and equitable, not necessarily 50-50. For example, the property division statute in Nebraska says that property division must be reasonable, and there are several factors for a judge to consider in determining what is reasonable, such as the duration of the marriage. (See Neb. Rev. Stat. § 42-365 for the fine print).
5. Prenups do more than protect individual interests
It’s a common misconception that prenuptial agreements only protect the individual. While it is true that prenups protect individual financial interests, prenups do much more than that. Prenuptial agreements can also help create a stronger foundation for marriages by helping couples get aligned on certain matters that apply while married. For example, couples can use a prenup to establish how they will manage their finances jointly during the marriage, whether they will have joint bank accounts, how household expenses will be paid, and what their shared financial goals are. And the numbers speak for themselves: 83% of HelloPrenup customers say that they felt closer to their future spouse after going through the prenup process than ever before.
So, as you can see, getting a prenup protects individual interests but also helps facilitate marital harmony by getting on the same page about finances and avoiding future misunderstandings and conflicts.
6. Postnuptial Agreements are Generally Unenforceable in Nebraska
In Nebraska, postnuptial agreements are generally unenforceable due to public policy concerns, as highlighted in the Devney v. Devney case, which emphasized that such agreements could destabilize marriages by making divorce more appealing. Exceptions exist for agreements addressing inheritance rights or those made in contemplation of immediate separation or divorce, but otherwise, postnups are not recognized. The state’s reluctance to enforce these agreements stems from a desire to protect the institution of marriage and ensure fairness, given the potential for unequal bargaining power between spouses. For couples looking to safeguard their assets, alternatives include prenuptial agreements (before marriage), separation agreements (during divorce), or inheritance planning. While the legal landscape may change in the future, postnuptial agreements currently remain largely unenforceable in Nebraska.
7. You can get a Nebraska prenup with HelloPrenup
HelloPrenup now offers prenuptial agreements in Nebraska, complete with access to Nebraska-licensed attorneys. You can create your prenuptial agreement and add attorney services—all at flat, transparent rates—directly through the HelloPrenup platform. From drafting to notarization, everything is handled online, making it simple, affordable, and stress-free to get a Nebraska-compliant agreement without ever leaving home.
The bottom line on prenups in Nebraska
There you have it—the five things to know about prenuptial agreements in Nebraska prior to walking down the aisle. The most important thing to know is that you must follow the laws laid out by the Nebraska UPAA, and financial disclosure is a crucial aspect, so don’t skip it! It’s also crucial to understand what happens in Nebraska without a prenup (equitable distribution laws apply). Finally, getting a prenup is more than just protecting your finances; but also involves getting aligned with your future spouse to create a deeper foundation before tying the knot. If you’re planning on getting a prenup, congrats on taking the first step to financial security and marital harmony!
Tom is a partner specializing in corporate law and civil litigation. With experience in New York and now based in Omaha, he advises clients on legal strategies aligned with business goals. He’s also a licensed athlete agent in Nebraska, focusing on NIL agreements for student athletes.
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