Gray Divorce Financial Specialist
Pensions, retirement accounts, farm assets — Nebraska's equitable distribution requires expertise. This guide shows you exactly what you're entitled to.
Leanne Ozaine, CDFA® & CFP® | Specializing in gray divorce for 50+
Turn Panic Into Power — $97The Problem: After 20, 30, or 40 years of marriage, your finances are deeply intertwined. Pensions, retirement accounts, Berkshire Hathaway stock, farm assets, insurance benefits — and you may not even know where it all is. If your spouse handled the money, you're starting from zero at the worst possible time.
The Reality: Nebraska's equitable distribution law doesn't mean 50/50. Courts consider dozens of factors — and without understanding what you're entitled to, you could walk away with far less than your fair share. The average gray divorce costs women 45% of their household income. Most never recover.
The Solution: Before you negotiate anything, you need to see the complete picture — what you own, what you're owed, and what your post-divorce life actually looks like financially. That's exactly what this guide gives you.
The 5-step system that shows you what you'll actually live on, so you stop guessing and start knowing.
Calculate your real post-divorce income — including spousal support, assets, and earning potential — so you negotiate from facts, not fear.
Document gathering checklists tell you exactly what to bring to your attorney — so you walk in prepared, not panicked.
Map out your real expenses as a single person — before you fight for something you can't actually maintain.
The asset identification system helps you find accounts and property you might not even know exist.
If you're over 50 and facing divorce in Nebraska, you're likely dealing with something most people don't talk about: the complete shift in your financial future when child-related issues are no longer the focus. Your children may be grown and financially independent, which means your entire divorce becomes about protecting and dividing decades of accumulated wealth.
This is especially overwhelming if you've never personally managed the household finances—and you're certainly not alone. Many of our Nebraska clients are navigating complex financial decisions for the first time during divorce, often involving sophisticated investment portfolios from Omaha's financial services industry, Berkshire Hathaway stock holdings, TD Ameritrade accounts, insurance company benefits, or multi-generational agricultural wealth.
Why Nebraska is different: Nebraska uses equitable distribution (not the strict 50/50 split of community property states), which gives courts more flexibility—but also more unpredictability. Plus, Nebraska's unique position as home to Berkshire Hathaway, major insurance companies, and significant agricultural wealth creates divorce financial complexities rarely seen in other states—from concentrated stock positions to complex farm succession planning.
The fear-to-strength progression: Right now, you might be feeling panic about losing Berkshire Hathaway shares you've held for decades, the family farm, or half of everything you've worked for. That's normal. But here's what we do together: we turn that panic into power by understanding exactly what Nebraska law means for YOUR situation, protecting assets strategically when possible, and building a post-divorce financial plan that gives you confidence and security—whether you're staying in Omaha's financial district or starting fresh.
Here's what that really means for your situation: Unlike California or Texas where community property rules apply, Nebraska courts divide marital property based on what's "equitable and just" under your specific circumstances—not automatically 50/50.
What counts as marital property in Nebraska:
What counts as separate property in Nebraska:
The critical challenge: Nebraska law protects separate property—BUT commingling is extremely common. When inherited Berkshire Hathaway shares generate dividends that go into joint accounts, when farm income mixes with salary income, or when separate investment accounts receive marital contributions, separate property can become marital property. Documentation and strategic planning are essential.
The equitable distribution factors Nebraska courts consider:
Understanding tax implications is critical to your settlement.
Nebraska has a progressive income tax system with rates ranging from 2.46% to 6.64% (as of 2024). While more moderate than high-tax states like California, these rates still significantly impact your post-divorce cash flow—especially when combined with federal taxes on investment income and retirement withdrawals.
Key Nebraska tax considerations for divorce:
Why this matters for gray divorce: If you're dividing Berkshire Hathaway stock, retirement accounts, or brokerage accounts, understanding the after-tax value of different assets is crucial. A $500,000 traditional IRA is worth significantly less than $500,000 in Roth IRA funds or appreciated stock due to the tax consequences when you access the funds.
Strategic consideration: The timing of your divorce finalization, asset sales, and retirement account distributions can have significant tax implications. Working with a financial planner and tax professional ensures you structure your settlement to minimize tax burden and maximize your post-divorce financial security.
Nebraska is the only state that's home to Berkshire Hathaway, and many Omaha-area divorces involve significant Berkshire Hathaway stock holdings—whether Class A shares (trading at $500,000+ per share) or Class B shares.
Key Berkshire stock divorce issues:
For those new to finances: Berkshire Hathaway stock is unique—it doesn't pay dividends like most investments, so all growth is "locked inside" the stock price. When you sell, you pay capital gains tax on decades of appreciation. Understanding this before dividing Berkshire shares is critical.
Omaha is home to TD Ameritrade (now part of Charles Schwab), and many Nebraska couples have sophisticated brokerage accounts with complex holdings, options positions, and active trading strategies.
Key brokerage account divorce issues:
Mutual of Omaha and other major insurance companies headquarter in Nebraska, creating unique employee benefit structures that complicate divorce.
Key insurance industry divorce issues:
Nebraska is one of America's leading agricultural states, and many gray divorce cases involve farm operations, agricultural land, crop revenue, and livestock holdings.
Key agricultural divorce issues:
For many over-50 Nebraskans, retirement accounts are the largest marital asset.
Key retirement division issues:
Common mistake to avoid: Assuming all retirement accounts are "equal." A traditional IRA and a Roth IRA of the same dollar value have very different after-tax values. A pension provides guaranteed lifetime income, while a 401(k) can be depleted. Understanding these differences before agreeing to division is critical.
At 50+, healthcare is expensive and essential—losing spousal coverage in divorce creates a financial crisis if not planned properly.
Nebraska-specific healthcare considerations:
The marital home often represents significant equity in Nebraska's stable real estate market.
Key real estate issues in Nebraska divorce:
Nebraska law allows for spousal support based on need and ability to pay—understanding how this works protects your financial future.
Nebraska spousal support considerations:
Many Nebraska divorces involve concentrated positions in Berkshire Hathaway, Omaha employers, or agricultural businesses. Here's how to think strategically:
Options for concentrated stock post-divorce:
The risk of inaction: Remaining 100% concentrated in one stock—even one as historically successful as Berkshire Hathaway—creates significant financial risk, especially when you're over 50 and have limited time to recover from a downturn.
If farmland or agricultural operations are part of your divorce, succession planning becomes complicated:
Key post-divorce farm succession considerations:
As a Certified Divorce Financial Analyst (CDFA®) and financial planner, I specialize in helping Nebraska clients over 50 navigate complex divorce finances with confidence.
Here's what we do together:
This isn't just about dividing assets—it's about building the financial foundation for your next chapter with confidence and security.
Get the financial clarity you need before you sign anything.
Turn Panic Into Power — $97 Schedule Consultation