Omaha Property Division Attorneys

Protecting Your Assets & Future During Divorce

Divorce is a challenging process that often involves the difficult task of dividing assets and liabilities. At Slowiaczek Albers & Whelan, our experienced Omaha property division lawyers are dedicated to guiding clients through the complexities of property division with professionalism and care. Whether you are negotiating an amicable settlement or facing litigation, we work to ensure that your rights and financial future are protected.

To schedule an initial consultation with our team, contact us online or call (402) 928-2007 today.

Common Assets in a Divorce

During a divorce, spouses must divide various types of assets, which can include:

• Real Estate – The family home, vacation properties, rental properties, and land.
• Financial Accounts – Checking and savings accounts, retirement accounts, pensions, and investment portfolios.
• Business Interests – Ownership stakes in businesses, professional practices, and partnerships.
• Personal Property – Vehicles, jewelry, furniture, collectibles, and household items.
• Debts & Liabilities – Mortgages, credit card debt, student loans, and other financial obligations.

Understanding the full extent of marital assets is crucial to achieving a fair settlement. Our attorneys at Slowiaczek Albers & Whelan work diligently to uncover all relevant assets and debts to ensure equitable distribution.

Separate Property vs. Marital Property

Nebraska law distinguishes between separate property and marital property, which is critical in determining what is subject to division.

• Marital Property – Generally includes assets and debts acquired during the marriage, regardless of which spouse's name is on the title.
• Separate Property – Typically includes assets owned before the marriage, inheritances, gifts received by one spouse, and certain legal settlements.

However, complications can arise when separate property becomes commingled with marital assets, such as when one spouse uses inheritance funds to improve the family home. Our legal team can help determine the proper classification of assets and advocate for your fair share.

Nebraska Property Division Laws

Nebraska follows the equitable distribution model, meaning property is divided fairly but not necessarily equally. Courts consider several factors when determining how assets and debts should be allocated, including:

• The length of the marriage.
• Each spouse’s financial and non-financial contributions.
• Each party’s earning capacity and future financial needs.
• Any prenuptial or postnuptial agreements in place.
• The age and health of each spouse.
• The custody arrangement of any minor children.
• The tax implications of property division.
• Any dissipation or misuse of marital assets by either party.
• The standard of living established during the marriage.
• The ability of each spouse to maintain their current lifestyle post-divorce.

Our Omaha property division lawyers at Slowiaczek Albers & Whelan can help ensure that the court fully considers your unique circumstances when making property division determinations.

High-Asset Divorce & Complex Property Division

If you have substantial assets, property division can become even more complicated. High-asset divorces may involve:

• Multiple real estate holdings
• Complex business valuations
• Stock options and executive compensation
• Hidden assets and offshore accounts
• Tax consequences of asset division

We work closely with financial experts, forensic accountants, and business valuation specialists to ensure accurate assessments and fair settlements.

How Our Omaha Property Division Lawyers Can Help

At Slowiaczek Albers & Whelan, we provide comprehensive legal guidance throughout the property division process, including:

• Asset Discovery & Valuation – Identifying and valuing all marital and separate assets.
• Negotiation & Mediation – Striving for amicable settlements when possible.
• Litigation Support – Advocating for your interests in court if disputes arise.
• Enforcement & Modifications – Assisting with post-divorce modifications and enforcement of property division orders.

Call (402) 928-2007 or fill out our online contact form today to discuss your financial matters with our team.