Shearer v. Shearer, 270 Neb. 178 July 22, 2005. No. S-03-680. NESCT upholds trial judge's equal division of divorced husbands Railroad Retirement Tier II benefits, 45 U.S.C. § 231m(b)(2) (2000); 20 C.F.R. § 295.1 (2005), nothwithstanding his contention that it was non-marital property or that the Tier II benefits should go solely to the husband. Since the husband and wife already stipulated to a division of their other property, the husband could not ask the court to consider the effect of the stipulated property division on the contested division of the Tier II benefits. The husband failed topresent evidence that the Tier II benefits were non-marital, nor did the husband present contrary evidence for a more favorable property division. finall the court may consider the relative incomes of the spouses in dividing property. Section 42-365
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