Nebraska Revised Statute 42-1004

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Chapter 42

42-1004.

Content.

(1) Parties to a premarital agreement may contract with respect to:

(a) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;

(b) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;

(c) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;

(d) The modification or elimination of spousal support;

(e) The making of a will, trust, or other arrangement, to carry out the provisions of the agreement;

(f) The ownership rights in and disposition of the death benefit from a life insurance policy;

(g) The choice of law governing the construction of the agreement; and

(h) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

(2) The right of a child to support may not be adversely affected by a premarital agreement.

Annotations

  • The proceeds from a wrongful death action are not the property of a decedent's estate and are therefore not contemplated as a property right waived in a premarital agreement unless the language of the premarital agreement specifically waives such a right. In re Estate of McConnell, 28 Neb. App. 303, 943 N.W.2d 722 (2020).

  • The parties' premarital agreement providing that each party would retain "full and complete ownership of all real and personal property that they now own" and "full and complete ownership of all property which shall come into their possession as the result of each party's work and labor, investments, inheritance or otherwise" was enforceable. Cook v. Cook, 26 Neb. App. 137, 918 N.W.2d 1 (2018).

  • Subsection (1)(d) of this section applies to both permanent and temporary spousal support. Edwards v. Edwards, 16 Neb. App. 297, 744 N.W.2d 243 (2008).

  • Subsection (1)(d) of this section is more specific than section 42-357 on the issue of modification or elimination of temporary spousal support. Edwards v. Edwards, 16 Neb. App. 297, 744 N.W.2d 243 (2008).