A proceeding to modify or revoke alimony for good cause — Nebraska courts equate good cause with material and substantial changed circumstances (Morisch v. Morisch). That is what separates Nebraska modifying alimony from a generic national summary. Read Neb. Rev. Stat. § 42-365 before the background sections below. A decree may not be modified to award alimony if none was allowed originally, nor to add alimony after the full original amount accrued. Alimony terminates on the death of either party or the remarriage of the recipient, unless otherwise agreed or ordered.
Grounds that most often succeed
- Retirement. Many states now treat reaching full retirement age as a presumptive or statutory ground. Early or voluntary retirement is scrutinized: courts ask whether it was in good faith, whether it was foreseeable at divorce, and whether the recipient had a chance to save.
- Involuntary income loss. Layoffs, business failure, disability, or industry collapse — with proof of diligent job-seeking. Voluntary underemployment is commonly met with income imputation instead of relief.
- The recipient's changed need. Improved earnings, remarriage-adjacent cohabitation, an inheritance, or reduced expenses.
- Health changes. New disability or extraordinary medical costs on either side.
- Cohabitation. Alimony terminates on the death of either party or the remarriage of the recipient, unless otherwise agreed or ordered.
Grounds that rarely work: a new partner's income without statutory cohabitation, ordinary inflation, the payor's new family expenses standing alone, or a temporary dip in earnings.
Cohabitation and remarriage
Alimony terminates on the death of either party or the remarriage of the recipient, unless otherwise agreed or ordered.
Cohabitation cases are intensely fact-driven: shared finances, shared household expenses, the relationship's public character, and its duration all matter. Nebraska procedure requires proof — surveillance or speculation is not enough, and the recipient gets discovery and a hearing before payments stop. Until a court order issues, keep paying.
Step-by-step: how to file
- Read the decree and any incorporated agreement. A decree may not be modified to award alimony if none was allowed originally, nor to add alimony after the full original amount accrued. Confirm the court retained jurisdiction to modify.
- Confirm the forum. Modification goes to a complaint to modify filed in the district court that entered the decree. If a party has moved away, UIFSA and registration rules determine where the petition belongs.
- Gather evidence dated to the change. Termination notices, disability awards, pension and Social Security statements, tax returns, medical records, or evidence of the recipient's cohabitation.
- File and serve promptly. Amounts accrued before the complaint to modify was filed may not be modified or revoked.
- Exchange financial disclosure. Many courts require updated financial affidavits; self-employment cases often add forensic accounting or a vocational expert.
- Seek temporary relief if needed. Where circumstances are dire, ask the court for interim reduction or suspension pending the full hearing — Nebraska judges can grant temporary remedies in appropriate cases.
- Litigate, mediate, or stipulate. A settlement must be reduced to an order and entered before payment obligations change.
A concrete Nebraska scenario
Here is one way the Nebraska pieces fit together. Change any fact and the statute may point somewhere else.
A former spouse in Nebraska asks to change periodic alimony after retirement or a drop in income.
- File a complaint to modify filed in the district court that entered the decree.
- Match the facts to the Nebraska standard: A proceeding to modify or revoke alimony for good cause — Nebraska courts equate good cause with material and substantial changed circumstances (Morisch v. Morisch).
- Check whether this award can be modified at all: A decree may not be modified to award alimony if none was allowed originally, nor to add alimony after the full original amount accrued.
- If the request is to end support, prove a trigger: Alimony terminates on the death of either party or the remarriage of the recipient, unless otherwise agreed or ordered.
Amounts accrued before the complaint to modify was filed may not be modified or revoked. The forum is the district court (county attorney / child support office for IV-D cases).
When the change takes effect
Amounts accrued before the complaint to modify was filed may not be modified or revoked.
The corollary: unilaterally reducing or stopping payments before an order issues builds arrears, interest, and contempt exposure — even if you ultimately win the modification.
Awards that cannot be modified (or are hard to change)
A decree may not be modified to award alimony if none was allowed originally, nor to add alimony after the full original amount accrued.
Common traps:
- Lump-sum or property-division awards styled as alimony are usually final when entered.
- Agreement language that waives modification binds the parties even though the statute would allow a petition.
- Expired terms — once a fixed term lapses, most states will not revive it; a timely pre-expiration motion is critical.
- Jurisdiction reservations — in some states, if the decree did not expressly reserve jurisdiction to modify, no later court can.
Case law: how Nebraska courts decide alimony modification
These LawDiver opinions show how Nebraska appellate courts weigh changed circumstances, retirement, and cohabitation:
David Ensrud, Appellee and Cross-Appellant, v. Alicia Ann Ensrud, Appellant and Cross-Appellee
…eferee to establish, modify, enforce, and collect child and spousal support, unconstitutionally denied to persons who were chargeable with potential or delinquent child support obligations access to the district court as a trier of fact concerning claims for child or spousal support. See Neb. Const, art. I, § 13 (access to courts). While the present case does not involve a legi…
Practitioners open David Ensrud, Appellee and Cross-Appellant, v. Alicia Ann Ensrud, Appellant and Cross-Appellee when Nebraska alimony modification turns on the distinction in this sentence: "See Neb. Const, art. I, § 13 (access to courts)." Do not lift it out of the facts the court was deciding.
Pamela Joann Gress, and v. Patrick Raymond Gress, and cross-appellee
Pamela Joann Gress, and v. Patrick Raymond Gress, and cross-appellee, 274 Neb. 686 (2007)
…or in the district court’s calculation of child support and alimony. On appeal, we concluded the district court improperly calculated child support. We therefore remanded the cause for further *688proceedings, instructing the court to recalculate Patrick’s share of child support and to make any necessary changes to the alimony award.1 On remand, the district court made a slight…
Practitioners open Pamela Joann Gress, and v. Patrick Raymond Gress, and cross-appellee when Nebraska alimony modification turns on the distinction in this sentence: "On appeal, we concluded the district court improperly calculated child support. We therefore remanded the cause for further *688proceedings, instructing the court to recalculate Patrick’s share of child support and to make any necessary changes to the alimony award." Do not lift it out of the facts the court was deciding.
Rosalie M. Pope, Appellee, v. Patrick E. Pope, Appellant
Rosalie M. Pope, Appellee, v. Patrick E. Pope, Appellant, 251 Neb. 773 (1997)
…of the Nebraska Court of Appeals’ decision terminating the alimony obligation of her former husband, Patrick E. Pope. Because we find that Patrick’s decrease in income does not in this instance constitute good cause to justify modification or termination of his alimony payments, we reverse the decision of the Court of Appeals and remand the cause with directions to reinstate t…
Practitioners open Rosalie M. Pope, Appellee, v. Patrick E. Pope, Appellant when Nebraska alimony modification turns on the distinction in this sentence: "Nebraska Court of Appeals’ decision terminating the alimony obligation of her former husband, Patrick E. Pope." Do not lift it out of the facts the court was deciding.
Michael Gallner, Appellant, v. Judy Hoffman, Formerly Known as Judy Gallner, Appellee
…rder which permitted the subordination of child support and alimony liens on real property owned by Michael, based on our determination that the district court erred in subordinating the liens without first having been fully advised. The relevant facts and procedural history of this case are outlined in that opinion, and we will not repeat that history here, except as it is rel…
On alimony modification, Michael Gallner, Appellant, v. Judy Hoffman, Formerly Known as Judy Gallner, Appellee speaks to the Nebraska dispute in this passage: "Michael, based on our determination that the district court erred in subordinating the liens without first having been fully advised." The surrounding opinion shows how the court applied that language to the record.
Carol Ann Karrer, Appellee, v. John W. Karrer, Appellant
Carol Ann Karrer, Appellee, v. John W. Karrer, Appellant, 190 Neb. 610 (1973)
…to modify a divorce decree in respect to the provision for alimony. The pertinent provision of the decree was as follows: “The defendant shall pay through the Clerk of the District Court the sum of $350.00 per month for a period of 121 months as alimony. The sum of $350.00 shall be due and payable on June 1, 1971, and a like payment on the 1st day of each month thereafter unti…
On alimony modification, Carol Ann Karrer, Appellee, v. John W. Karrer, Appellant speaks to the Nebraska dispute in this passage: "The pertinent provision of the decree was as follows: “The defendant shall pay through the Clerk of the District Court the sum of $350.00 per month for a period of 121 months as alimony. The sum of $350." The surrounding opinion shows how the court applied that language to the record.
Kathleen M. Brewer, Appellant, v. Thomas E. Brewer, by Substituted Parties, Thomas M. Maul, as Personal
…a. App. 1992) (justice or equity will not nullify or reduce alimony or child support award until judgment is altered or amended by operation of law); Gerlich v. Gerlich, 379 N.W.2d 689 (Minn. App. 1986) (child’s receipt of Social Security benefits from account of parent charged with support does not constitute payment from that parent but may constitute change of circumstances…
On alimony modification, Kathleen M. Brewer, Appellant, v. Thomas E. Brewer, by Substituted Parties, Thomas M. Maul, as Personal speaks to the Nebraska dispute in this passage: "App. 1992) (justice or equity will not nullify or reduce alimony or child support award until judgment is altered or amended by operation of law); Gerlich v. Gerlich, 379 N.W.2d 689 (Minn. App." The surrounding opinion shows how the court applied that language to the record.
In Re Dissolution and Winding Up of KeyTronics, Formely Known as Secure Data Systems, a Nebraska General
…QuikPay line to customers. “[Bjetween helping customers and modifying boards and getting the units put together and tested so that [King] could sell those,” Willson stated that when he had time, he also continued to work on developing the key dispenser-revalue station. King testified that by the beginning of 2003, he had deliberately separated his QuikPay sales, maintenance, an…
Nebraska opinions such as In Re Dissolution and Winding Up of KeyTronics, Formely Known as Secure Data Systems, a Nebraska General are cited where alimony modification is disputed. The court stated: "QuikPay line to customers. “[Bjetween helping customers and modifying boards and getting the units put together and tested so that [King] could sell those,” Willson stated that when he had time, he also continued to work on developing the key dispenser-revalue station." That is the language to brief; the rest of the decision supplies the procedural posture.
Practical checklist before you file
- Identify which type of alimony your decree awards — the modification rules differ by type.
- Confirm the decree or agreement does not bar modification.
- Document the change with third-party records, not just testimony.
- For retirement motions: assemble pension statements, Social Security estimates, the divorce-era financial disclosures, and evidence of good faith.
- For cohabitation petitions: gather admissible evidence and expect a discovery fight and an evidentiary hearing.
- Keep paying until the new order is signed; calendar the effective-date rules under Neb. Rev. Stat. § 42-365.
- Search LawDiver for recent Nebraska appellate decisions before filing.
Key takeaways
- Nebraska calls these payments alimony, governed for modification purposes by Neb. Rev. Stat. § 42-365.
- The legal standard: A proceeding to modify or revoke alimony for good cause — Nebraska courts equate good cause with material and substantial changed circumstances (Morisch v.
- Amounts accrued before the complaint to modify was filed may not be modified or revoked.
- Termination events: Alimony terminates on the death of either party or the remarriage of the recipient, unless otherwise agreed or ordered.
- A decree may not be modified to award alimony if none was allowed originally, nor to add alimony after the full original amount accrued.
- File in complaint to modify filed in the district court that entered the decree — do not wait: Amounts accrued before the complaint to modify was filed may not be modified or revoked.
- Companion reading: Nebraska alimony guide and how to modify child support in Nebraska.
The legal standard in Nebraska
A proceeding to modify or revoke alimony for good cause — Nebraska courts equate good cause with material and substantial changed circumstances (Morisch v. Morisch).
Courts start from the decree, not from scratch. The judge asks what the parties and the court knew when alimony was set, what has changed since, and whether the change is significant and durable enough to make the existing terms unreasonable. The moving party carries the burden, and documentation — tax returns, pension statements, medical records, lease agreements — decides most of these cases.
Frequently asked questions
Can alimony be modified in Nebraska?
Yes, in most cases. A proceeding to modify or revoke alimony for good cause — Nebraska courts equate good cause with material and substantial changed circumstances (Morisch v. Morisch).
Does retirement end alimony in Nebraska?
Retirement can support modification where it produces a genuine, good-faith reduction in ability to pay, but it is not automatic. Nebraska courts weigh the timing, health, and foreseeability of the retirement under Neb. Rev. Stat. § 42-365.
Does my ex's cohabitation stop alimony?
Alimony terminates on the death of either party or the remarriage of the recipient, unless otherwise agreed or ordered. You must petition the court and prove the statutory elements — the obligation does not end by operation of the new relationship alone until a judge so orders (unless Nebraska's statute makes termination automatic on remarriage).
Can alimony be increased?
Yes, where the statute permits. Recipients who prove a material increase in need — often medical — can seek upward modification, subject to the payor's ability to pay.
Can Nebraska courts modify alimony retroactively?
Amounts accrued before the complaint to modify was filed may not be modified or revoked.
What if my alimony was set by agreement?
A decree may not be modified to award alimony if none was allowed originally, nor to add alimony after the full original amount accrued. Agreements matter: read the incorporated terms before assuming a petition will be heard on ordinary changed-circumstances grounds.
Related guides
- How Nebraska calculates child support
- Nebraska alimony / alimony guide
- How to modify alimony in Nebraska
- How to modify child support in Nebraska
Disclaimer
This guide is general legal information about modifying alimony in Nebraska, not legal advice. Statutes and case law change. Confirm the current text of Neb. Rev. Stat. § 42-365 and consult a licensed Nebraska family-law attorney about your decree before filing or changing payments.