--- title: Better Late Than Never? Prenuptial and Postnuptial Agreements in Nebraska description: We’ve all heard this age-old advice – “better late than never.” However, don’t count on this in Nebraska. image: https://blog.goosmannlaw.com/hubfs/17858916_m.jpg --- [![Goosman Lawfirm](https://blog.goosmannlaw.com/hs-fs/hubfs/Goosmannlaw%20October2017/images/Goosmann_Law_Firm_logo_4C-white.png?width=1250&name=Goosmann_Law_Firm_logo_4C-white.png "Goosman Lawfirm")](http://goosmannlaw.com/) - [COVID-19 Toolbox](https://goosmannlaw.com/covid-19-resource-toolbox/) - Our Team - [Attorneys](https://goosmannlaw.com/attorneys/) - [Non-Attorney Staff](https://http://goosmannlaw.com/non-attorney-staff/) - Practices & Industries - [Practices](https://goosmannlaw.com/practices/) - [Banking & Finance](https://goosmannlaw.com/banking-finance/) - [Bankruptcy, Restructuring & Workouts](https://goosmannlaw.com/bankruptcy-restructuring-workouts/) - [Business](https://goosmannlaw.com/business/) - [Divorce & Family Law](https://goosmannlaw.com/divorce-family-law/) - [Employment](https://goosmannlaw.com/employment-law/) - [Environmental, Health & Safety](https://goosmannlaw.com/health-safety/) - [Estate Planning](https://trustlawcounsel.com) - [Gestational Surrogacy & Adoption](https://goosmannlaw.com/gestational-surrogacy-adoption/) - [International Law](http://goosmannlaw.com/international-law/) - [Litigation / Trial Law](https://goosmannlaw.com/litigation-trial-law/) - [Local Counsel](https://http://goosmannlaw.com/local-counsel/) - [Mergers & Acquisitions](https://goosmannlaw.com/mergers-acquisitions/) - [Rapid Response](https://goosmannlaw.com/rapid-response/) - [Industries](https://goosmannlaw.com/industries/) - [Agribusiness & Cooperatives](https://goosmannlaw.com/agribusiness-cooperatives/) - [Construction](https://goosmannlaw.com/construction/) - [Cyber Law and Telecommunications](https://goosmannlaw.com/cyber-law/) - [Education](https://goosmannlaw.com/education/) - [Health Care](https://goosmannlaw.com/health-care/) - [Manufacturing](https://goosmannlaw.com/manufacturing-law/) - [Multifamily Housing](https://goosmannlaw.com/multifamily-housing-law/) - [Non-Profit & Tax Exempt Organizations](https://goosmannlaw.com/non-profit-law/) - [Real Estate](https://goosmannlaw.com/real-estate/) - [Transportation](https://goosmannlaw.com/transportation/) - [Tribal](https://goosmannlaw.com/tribal/) - Our Firm - [Firm News](https://blog.goosmannlaw.com/firm-news) - Careers - [Attorneys](https://goosmannlaw.com/careers/attorneys/) - [Administration](https://goosmannlaw.com/careers/administration/) - [Internships](https://goosmannlaw.com/careers/internships/) - [Client Testimonials and Results](https://goosmannlaw.com/our-firm/client-testimonials-and-results/) - [Culture, Diversity, and Community](https://http://goosmannlaw.com/our-firm/culture-diversity-and-community/) - [Women-Owned Business](https://goosmannlaw.com/our-firm/women-owned-business/) - [Associations & Memberships](https://goosmannlaw.com/associations-memberships/) - [Firm History](https://goosmannlaw.com/firm-history/) - Blogs - [CEO Law Review](https://blog.goosmannlaw.com/ceo-on-your-side) - [Construction Lawyer](https://blog.goosmannlaw.com/construction-lawyer-on-your-side) - [Cyber Lawyer](https://blog.goosmannlaw.com/cyber-lawyer-on-your-side) - [Deal Maker](https://blog.goosmannlaw.com/deal-maker-on-your-side) - [Divorce Docket](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side) - [Food for Thought](https://blog.goosmannlaw.com/agricultural-lawyer-on-your-side) - [HR Legal Insider](https://blog.goosmannlaw.com/human-resources-on-your-side) - [Law Doc](https://blog.goosmannlaw.com/health-lawyer-on-your-side) - [Paralegal Review](https://blog.goosmannlaw.com/paralegal-review/) - [Real Estate Lawyer](https://blog.goosmannlaw.com/real-estate-lawyer-on-your-side) - [Risky Business](https://blog.goosmannlaw.com/risk-manager-on-your-side) - [The Banker’s Suit](https://blog.goosmannlaw.com/banking-lawyer-on-you-side) - [Trial Law Review](https://blog.goosmannlaw.com/trial-lawyer-on-you-side) - [Trust Law Counsel](https://blog.goosmannlaw.com/estate-planning-laywer-on-your-side) - Resources - [COVID-19 Resource Toolbox](https://goosmannlaw.com/covid-19-resource-toolbox/) - [Podcast](http://podcast.goosmannlaw.com/) - [Videos](https://goosmannlaw.com/videos/) - [FREE eBooks & Tools](https://goosmannlaw.com/free-ebooks-tools/) - Contact Us - [Office Locations](https://goosmannlaw.com/locations/) - [Sioux City Law Firm](https://goosmannlaw.com/locations/sioux-city-law-firm/) - [Sioux Falls Law Firm](https://goosmannlaw.com/locations/sioux-falls-law-firm/) - [Omaha Law Firm](https://goosmannlaw.com/locations/omaha-law-firm/) - [Spirit Lake & Spencer Law Firms](https://goosmannlaw.com/locations/spirit-lake-and-spencer-law-firm/) - [Real Estate Closings Office](https://goosmannlaw.com/locations/real-estate-closing-office/) - [Submit a Testimonial](https://goosmannlaw.com/submit-a-testimonial/) - [Sign Up for Our Newsletter](https://goosmannlaw.com/sign-up-for-our-newsletter/) - [Pay Online](https://goosmannlaw.com/pay-online-3/) - [  (855) 843-4531](tel:855-843-4531) ![](https://blog.goosmannlaw.com/hubfs/Blog_Images/Lockbox%20Lawyer/close-button.png) [tel:855-THE-GLF1](tel:855-THE-GLF1) [Divorce](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/divorce) # [Better Late Than Never? Prenuptial and Postnuptial Agreements in Nebraska](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/better-late-than-never-prenuptial-and-postnuptial-agreements-in-nebraska) By [Goosmann Law Team](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/author/goosmann-law-team)   |  21, February 2017 [READ NOW](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/better-late-than-never-prenuptial-and-postnuptial-agreements-in-nebraska) [Read Post](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/better-late-than-never-prenuptial-and-postnuptial-agreements-in-nebraska#article) [![](https://blog.goosmannlaw.com/hs-fs/hubfs/Logos/Logo1.jpg?width=60&name=Logo1.jpg)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/author/goosmann-law-team) [Goosmann Law Team](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/author/goosmann-law-team)  Tags: [Divorce](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/divorce) ![Sioux_Falls_Law_Firm](https://blog.goosmannlaw.com/hs-fs/hubfs/17858916_m.jpg?width=545&name=17858916_m.jpg "Sioux_Falls_Law_Firm") We’ve all heard this age-old advice – “better late than never.”  However, don’t count on this in Nebraska. When it comes to prenup and postnup agreements, late isn’t any better than “never.” The Nebraska Supreme Court recently re-established the fact that postnuptial agreements are not binding.  **What are Prenuptial and Postnuptial Agreements?** Both prenuptial and postnuptial agreements are contracts in which a couple dictates how they will divide their property and assets in the case of their divorce. The main difference between the two agreements is when they are signed. Whereas prenups are signed before a marriage, postnups are signed once the couple is already married. **The Court Case** The Nebraska Supreme Court case *Devney v. Devney* took place in October. Prior to this hearing, a district court ruled that the Devney couple’s postnuptial agreement was valid and enforceable. Elizabeth Devney then appealed this decision. The Nebraska Supreme Court concluded that the district court had errored and declared the Devney’s postnuptial agreement null. Thus, they reinforced the fact that postnuptial agreements are not viable in Nebraska. **I Live in Nebraska. What Does This Mean for Me?** If you would like to create a document outlining the division of your assets in the case of a divorce, you should draft and sign this document *before* you marry your significant other. However, if you are already married, you do have options. Postnuptial agreements relating to the division of inheritances may still be enforceable. In addition, if you and your spouse reach an agreement while your separation and divorce are occurring, this agreement will be considered valid during your divorce proceedings. So if you want to make the divorce agreement you and your spouse reached legally binding, don’t wait until after you are married! When it comes to prenups and postnups in Nebraska, late isn’t any better than never. If you have any questions concerning prenup or postnup agreements, contact a Goosmann family law attorney today. [![CONTACT US](https://no-cache.hubspot.com/cta/default/489404/ec70fe7d-ad02-40c5-93ba-4800375ab6e9.png)](https://cta-redirect.hubspot.com/cta/redirect/489404/ec70fe7d-ad02-40c5-93ba-4800375ab6e9) ### Select Different CTA for each Post from Blog Editor [![New Call-to-action](https://no-cache.hubspot.com/cta/default/489404/a8cefc17-3b9d-4de0-89cd-e60a64752422.png)](https://cta-redirect.hubspot.com/cta/redirect/489404/a8cefc17-3b9d-4de0-89cd-e60a64752422) ### Subscribe Our Blog Thanks for submission!! - Recent - Popular ### Posts by Topic - [Divorce & Family Law (91)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/divorce-family-law) - [Family Law News and Insights (52)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/family-law-news-and-insights) - [Divorce (19)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/divorce) - [Divorce Attorney (6)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/divorce-attorney) - [Child Custody (5)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/child-custody) - [Firm News (2)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/firm-news) - [20/20/20 Rule (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/20-20-20-rule) - [Agriculture (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/agriculture) - [CEO (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/ceo) - [COVID-19 (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/covid-19) - [Fertility (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/fertility) - [Guardianship (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/guardianship) - [Human Resources (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/human-resources) - [In Vitro (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/in-vitro) - [Iowa Divorce (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/iowa-divorce) - [Litigation & Trial (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/litigation-trial) - [Litigation News and Insights (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/litigation-news-and-insights) - [Real Estate News and Insights (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/real-estate-news-and-insights) - [Social Security Benefits (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/social-security-benefits) - [Trust Law Counsel (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/trust-law-counsel) DISCLAIMER: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. By visiting this website, blog, or post you understand that there is no attorney client relationship between you and the Goosmann Law Firm attorneys and website publisher. No information contained in this post should be construed as legal advice from Goosmann Law Firm, PLC, or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. #### Let Us Know What You Thought about this Post. Put your Comment Below. [Previous Post](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/how-updates-to-the-usfspa-may-affect-your-military-divorce) ##### [How Updates to the USFSPA May Affect Your Military Divorce](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/how-updates-to-the-usfspa-may-affect-your-military-divorce) [Next Post](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/want-a-speedy-resolution-to-your-family-law-case-check-out-this-new-pilot-program) ##### [Want a Speedy Resolution to Your Family Law Case? Check Out This New Pilot Program](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/want-a-speedy-resolution-to-your-family-law-case-check-out-this-new-pilot-program) ### Contact Info **Sioux City Location** P. 712-226-4000 F. (712) 224-4517 **Sioux Falls Location** P. (605) 371-2000 F. (605) 275-2039 **Omaha Location** P. (402) 280-7648 F. (402) 505-3967 --- [Disclaimer](http://goosmannlaw.com/list-all-blogs/disclaimer/) | [Privacy Policy](http://goosmannlaw.com/privacy-policy/) ### Locations **Sioux City Location** 410 5th Street Sioux City, IA 51101 **Sioux Falls Location** 5010 S. Minnesota Avenue, Suite 100 Sioux Falls, SD 57108 **Omaha Location** Advent Building 17838 Burke Street, Suite 250 Omaha, NE 68118 ![Goosmann](https://blog.goosmannlaw.com/hs-fs/hubfs/Blog_Images/Lockbox%20Lawyer/goosmann-white.png?width=250&name=goosmann-white.png "Goosmann") Goosmann Law Firm is a FULL SERVICE LAW FIRM with locations in Sioux City, Iowa, Sioux Falls, South Dakota, and Omaha, Nebraska. Goosmann Law attorneys are licensed to practice in Iowa, Nebraska, South Dakota, and North Dakota. Their attorney team's practices and industries include but are not limited to Agribusiness and Cooperatives, Banking and Finance, Bankruptcy, Restructuring and Workouts, Business, Construction, Cyber Law and Telecommunications, Divorce and Family Law, Education, Employment, Environmental Health and Safety, Gestational Surrogacy and Adoption, Health Care, Litigation and Trial Law, Manufacturing, Mergers and Acquisitions, Municipal, Nonprofit and Tax Exempt Organizations, Real Estate, and Transportation, Tribal, Wills, Trusts, Estate Planning, and Probate Law. Goosmann © Copyright 2017