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Is Nebraska a community property state?

No. Nebraska is not a community property state. The court divides property reasonably given the spouses' circumstances, and the statute says the purpose of property division is to distribute marital assets equitably.[1]

Property system
Equitable

Division under Neb. Rev. Stat. § 42-365[1]

At divorce
Equitable distribution

The court sets the split under this standard · Neb. Rev. Stat. § 42-365[1]

What Nebraska’s statutes say

  1. Dividing property at divorce

    The statute states that the purpose of a property division is to distribute the marital assets equitably between the spouses.[1]

    “The purpose of a property division is to distribute the marital assets equitably between the parties.”[1]

    Neb. Rev. Stat. § 42-365 · checked October 26, 2026

We didn’t find a statutory definition of marital or separate property in the Nebraska text we read, so none is quoted here.

Not legal advice. Plain-English summaries of Nebraska’s statutes as of the date shown on each, with the text quoted. Whether a particular asset is marital, community or separate depends on the facts, and courts apply the law case by case. Read the linked source or ask a lawyer licensed in Nebraska.

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Sources

Nebraska’s statutes, read on the official site (or an official court source where the line says so), with the date we checked them.

  1. Neb. Rev. Stat. § 42-365 (Nebraska Legislature)nebraskalegislature.govchecked ↩