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Divorce

gifts to paramours

A paramour is a person who is a love or romantic interest of a married person who is engaging in adultery with the paramour. Spouses engaged in adulterous affairs with paramours sometimes give gifts to their paramours, and often spend marital or community property on such gifts. The non-cheating spouse may pursue a reimbursement claim and ask the court to order the spouse who spent marital assets on a paramour to reimburse the marital or community estate—by returning the gift if it retains its value (jewelry) or replacing the funds with the cheating spouse’s separate property funds.

In Nebraska, adultery can be considered when determining the division of marital assets during a divorce. While Nebraska is a 'no-fault' divorce state, meaning that a divorce can be granted without proving fault by either party, the conduct of the spouses during the marriage, including adultery, can be taken into account when dividing marital property. If a spouse has spent marital assets on a paramour, the non-cheating spouse may raise this issue in court. The court has the discretion to consider this wasteful dissipation of assets when equitably dividing the marital estate. The non-cheating spouse may seek reimbursement for the marital funds spent on the paramour, and the court may order the cheating spouse to return the gift or compensate the marital estate with separate property funds. However, each case is unique, and the specific circumstances will influence the court's decision.

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Divorce

gifts to paramours

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Nebraska State Code

Nebraska State Code

Divorce

gifts to paramours

Articles