Nebraska
Legal Separation in Nebraska: How It Works and What Courts Order
Independently fact-checked against primary sources (last audited October 8, 2026). · 10 primary sources cited on this page. How we verify our legal content
Yes. Nebraska courts grant a decree of legal separation, defined in Neb. Rev. Stat. 42-347(7) as a decree that the spouses "shall thereafter live separate and apart" with adjustments to property, support and custody, "but not dissolving the marriage." The court decides whether to grant it under 42-361.01 after one or both spouses state under oath that they will live separate and apart, and still decides after a hearing if the other spouse denies it.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers legal separation under Nebraska Revised Statutes 42-347, 42-350, 42-351, 42-361.01, 42-366, 42-368 and 42-372.03. It does not cover alimony or child support amounts, residency rules for a separation case, tax effects of a separation decree, inheritance rules beyond Neb. Rev. Stat. 30-2353, Nebraska case law, or other states' law. For divorce grounds and residency, see Nebraska divorce laws.
Does Nebraska allow legal separation?
Yes. Neb. Rev. Stat. 42-347(7) defines it:
"Legal separation means a decree of a court of competent jurisdiction providing that two persons who have been legally married shall thereafter live separate and apart and providing for any necessary adjustment of property, support, and custody rights between the parties but not dissolving the marriage"
The last clause is the key difference from divorce. After a legal separation decree, the spouses are still married.
How a legal separation is granted
Section 42-361.01 does not require proof of fault. The starting point is a statement under oath. Neb. Rev. Stat. 42-361.01(1) provides:
"If both of the parties state under oath or affirmation that they shall thereafter live separate and apart, or one of the parties so states and the other does not deny it, the court, after hearing, shall make a finding whether the legal separation should be granted and if so may enter a decree of legal separation"
If the other spouse denies under oath that they will live separate and apart, the court holds a hearing, considers all relevant factors, including the circumstances behind the complaint and the prospect of reconciliation, and decides whether to grant the separation (42-361.01(2)).
The same section allows a decree without a hearing in an agreed case. When 60 or more days have passed since service, both spouses have waived the hearing and made the required certification, and they have a written agreement resolving all issues, the court may enter the decree without a hearing (42-361.01).
Residency and court resources
This page does not state a residency rule for a legal separation case. The residence rule in Neb. Rev. Stat. 42-349 (generally one year in Nebraska, or residence since a Nebraska wedding) is written for dissolution of marriage, and 42-350 refers to a separation complaint "filed before residence requirements for dissolution of marriage have been complied with." Ask the court clerk or a Nebraska lawyer what residence the court will require before filing.
The Nebraska Judicial Branch self-help page for families and children is the official starting point for court resources. It lists divorce, child support and paternity materials but does not list a page specific to legal separation.
What the court can order
Under Neb. Rev. Stat. 42-351(1), in proceedings under 42-347 to 42-381 the court has jurisdiction over the custody and support of minor children, support of either party, property rights, and costs and fees.
Spousal support. Neb. Rev. Stat. 42-368 provides: "When a legal separation is decreed, the court may order payment of such support by one party to the other as may be reasonable, having regard for the circumstances of the parties and the ability of the supported party to engage in gainful employment without interfering with the interests of any minor children in the custody of such party." The court may modify or revoke the support for good cause after notice and a hearing. For how support is set, see Nebraska alimony laws.
Property and custody. The definition in 42-347(7) includes "any necessary adjustment of property, support, and custody rights." For parenting time and custody, see Nebraska child custody laws.
Settlement agreements. Under 42-366(2), "In a proceeding for dissolution of marriage or for legal separation, the terms of the agreement, except terms providing for the support and custody of minor children, shall be binding upon the court unless it finds ... that the agreement is unconscionable." Child support and custody terms stay subject to the court's own review.
Moving from legal separation to divorce
Neb. Rev. Stat. 42-350 provides one route:
"If a complaint for legal separation is filed before residence requirements for dissolution of marriage have been complied with, either party, upon complying with such requirements, may amend his or her pleadings to request a dissolution of marriage"
A divorce itself requires a finding that the marriage is irretrievably broken (42-361). This page does not cover how a spouse moves to divorce after a separation decree has already been entered; a Nebraska lawyer can explain the options.
If you reconcile
Neb. Rev. Stat. 42-372.03 provides: "A legal separation decree shall provide that in case of a reconciliation at any time thereafter, the parties may apply to set aside the decree. Upon such application, the court shall set aside the decree and make such orders as are just and reasonable under the circumstances."
Legal separation or divorce?
A legal separation decree leaves the marriage in place while the court sets support, property and custody terms (42-347(7)). A divorce ends the marriage on a finding of irretrievable breakdown (42-361) and carries the residence requirement in 42-349 (generally one year in Nebraska, or residence since a Nebraska wedding). Under Neb. Rev. Stat. 30-2353(a), a decree of separation that does not end the marriage is not a divorce for purposes of deciding who is a surviving spouse, so a separation decree alone does not take away surviving-spouse status. The exception in 30-2353(b)(3): a spouse who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights against the decedent is not a surviving spouse for the probate purposes that subsection lists. This page does not cover health insurance or tax effects; ask a Nebraska lawyer about those before choosing. See Nebraska divorce laws.
Disclaimer: This article provides general legal information about legal separation under Nebraska law, mainly Neb. Rev. Stat. 42-347(7), 42-361.01 and 42-368. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in Nebraska or use the Nebraska Judicial Branch self-help resources.
Related
- Legal separation laws in every state
- Nebraska divorce laws
- Nebraska alimony laws
- Nebraska child custody laws
- Nebraska child support laws
Last updated: 2026-10-08.
Frequently Asked Questions
Are you still married after a legal separation in Nebraska?
Yes. Neb. Rev. Stat. 42-347(7) defines legal separation as a decree that adjusts property, support and custody but does not dissolve the marriage.
What do I need to prove for a legal separation in Nebraska?
Under 42-361.01(1), both spouses state under oath that they will live separate and apart, or one does and the other does not deny it. The court then finds whether the legal separation should be granted. If the other spouse denies it under oath, the court holds a hearing, weighs all relevant factors, including the prospect of reconciliation, and decides (42-361.01(2)).
Can you get a legal separation in Nebraska without going to court?
A court decree is still required, but 42-361.01 lets the court enter it without a hearing when at least 60 days have passed since service, both spouses waived the hearing, and a written agreement resolves all issues.
Can I get alimony during a legal separation in Nebraska?
When a legal separation is decreed, the court may order reasonable support from one spouse to the other under 42-368, and may later modify or revoke it for good cause.
Can a Nebraska legal separation be turned into a divorce?
If the separation complaint was filed before the divorce residence requirements were met, either spouse who later meets them may amend the pleadings to request a divorce (42-350). A Nebraska lawyer can explain the options after a decree is entered.
What happens if we get back together after a legal separation in Nebraska?
The spouses may apply to set aside the decree, and the court shall set it aside and make orders that are just and reasonable (42-372.03).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Nebraska Revised Statutes, Chapter 42: HOUSEHOLDS AND FAMILIES
§ 42-361.01Legal separation; findingsIn force
In a legal separation proceeding: (1) If both of the parties state under oath or affirmation that they shall thereafter live separate and apart, or one of the parties so states and the other does not deny it, the court, after hearing, shall make a finding whether the legal separation should be granted and if so may enter a decree of legal separation; (2) If one of the parties has denied under oath or affirmation that they will thereafter live separate and apart, the court shall, after hearing, consider all relevant factors, including the circumstances that gave rise to the filing of the complaint and the prospect of reconciliation, and shall make a finding whether the legal separation should be granted and if so may enter a decree of legal separation; or (3) Sixty days or more after perfection of service of process, the court may enter a decree of legal separation without a hearing if: (a) Both parties waive the requirement of the hearing and the court has sufficient basis to make a finding that it has subject matter jurisdiction over the legal separation proceeding and personal jurisdiction over both parties; and (b) Both parties have certified in writing that they shall…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
§ 42-347Terms, definedIn force
For purposes of sections 42-347 to 42-381, unless the context otherwise requires: (1) Authorized attorney means an attorney (a) employed by the county subject to the approval of the county board, (b) employed by the Department of Health and Human Services, or (c) appointed by the court, who is authorized to investigate and prosecute child and spousal support cases. An authorized attorney shall represent the state as provided in section 43-512.03; (2) Custody includes both legal custody and physical custody; (3) Dissolution of marriage means the termination of a marriage by decree of a court of competent jurisdiction upon a finding that the marriage is irretrievably broken.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
§ 42-368Decree of separation; support order; modification; revocationIn force
When a legal separation is decreed, the court may order payment of such support by one party to the other as may be reasonable, having regard for the circumstances of the parties and the ability of the supported party to engage in gainful employment without interfering with the interests of any minor children in the custody of such party. Orders for support may be modified or revoked for good cause shown upon notice and hearing, except as to amounts accrued prior to date of service of motion to modify, to which date modification may be retroactive. Orders for child support in cases in which a party has applied for services under Title IV-D of the Social Security Act, as amended, shall be reviewed as provided in sections 43-512.12 to 43-512.18.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
§ 42-350Legal separation; amendment of pleadings; whenIn force
If a complaint for legal separation is filed before residence requirements for dissolution of marriage have been complied with, either party, upon complying with such requirements, may amend his or her pleadings to request a dissolution of marriage, and notice of such amendment shall be given in the same manner as for an original action under sections 42-347 to 42-381.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
§ 42-372.03Legal separation decree; application to set aside decreeIn force
A legal separation decree shall provide that in case of a reconciliation at any time thereafter, the parties may apply to set aside the decree. Upon such application, the court shall set aside the decree and make such orders as are just and reasonable under the circumstances.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
§ 42-366Property settlements; effect; enforcement; modificationIn forcecited in 2 of our articles
(1) To promote the amicable settlement of disputes between the parties to a marriage attendant upon their separation or the dissolution of their marriage, the parties may enter into a written property settlement agreement containing provisions for the maintenance of either of them, the disposition of any property owned by either of them, and the support and custody of minor children. (2) In a proceeding for dissolution of marriage or for legal separation, the terms of the agreement, except terms providing for the support and custody of minor children, shall be binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the agreement is unconscionable. (3) If the court finds the agreement unconscionable, the court may request the parties to submit a revised agreement or the court may make orders for the disposition of property, support, and maintenance.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Also relied on in: Nebraska Prenuptial Agreement Laws: Requirements and Enforcement
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Sources and References
- Neb. Rev. Stat. 42-347(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 42-361.01(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 42-350, Legal separation; amendment of pleadings; when(nebraskalegislature.gov).gov
- Nebraska Judicial Branch: Self-Help, Families and Children(nebraskajudicial.gov).gov
- Neb. Rev. Stat. 42-351(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 42-368(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 42-366(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 42-372.03(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 30-2353(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 42-349(nebraskalegislature.gov).gov