Seemann v. Seemann

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Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
SEEMANN v. SEEMANN
Cite as 318 Neb. 643
Clint Seemann, appellee, v. Lisa Seemann,
now known as Lisa Newell, appellant.
___ N.W.3d ___
Filed March 21, 2025. 	No. S-24-583.
1. Divorce: Child Custody: Child Support: Property Division: Alimony:
Attorney Fees: Appeal and Error. In a marital dissolution action, an
appellate court reviews the case de novo on the record to determine
whether there has been an abuse of discretion by the trial judge. This
standard of review applies to the trial court’s determinations regarding
custody, child support, division of property, alimony, and attorney fees.
2. Evidence: Appeal and Error. In a review de novo on the record, an
appellate court is required to make independent factual determinations
based upon the record, and the court reaches its own independent con-
clusions with respect to the matters at issue.
3. Judges: Words and Phrases. A judicial abuse of discretion exists if the
reasons or rulings of a trial judge are clearly untenable, unfairly depriv-
ing a litigant of a substantial right and denying just results in matters
submitted for disposition.
4. Antenuptial Agreements. As a contract, a premarital agreement is gov-
erned by the same principles that are applicable to other contracts but
is subject to the particular statutory requirement that a premarital agree-
ment must be based on fair disclosure.
5. Contracts. The interpretation of a contract and whether the contract is
ambiguous are questions of law subject to independent review.
6. Divorce: Property Division. Under Nebraska common law, as a general
rule, property accumulated and acquired by either spouse during the
marriage is part of the marital estate, whereas property a party brings
into the marriage is excluded from the marital estate.
7. Divorce: Property Division: Words and Phrases. The “active appre-
ciation rule” holds that the appreciation or income of a nonmarital asset
during the marriage is marital insofar as it was caused by the efforts of
either spouse or both spouses.
Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
10/14/2026 08:09 AM CDT

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Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
SEEMANN v. SEEMANN
Cite as 318 Neb. 643
8. Antenuptial Agreements: Property Division. Pursuant to the Uniform
Premarital Agreement Act, spouses are able to contract around the gen-
eral rules of equitable division by using a premarital agreement.
9. Contracts. In interpreting contracts, the court as a matter of law must
first determine whether the contract is ambiguous.
10. ____. A determination as to whether an ambiguity exists in a contract is
to be made on an objective basis, not by the subjective contentions of
the parties.
11. ____. The fact that the parties have suggested opposite meanings of a
disputed contract does not necessarily compel the conclusion that the
contract is ambiguous.
12. Contracts: Words and Phrases. A contract is ambiguous when a word,
phrase, or provision in the contract has, or is susceptible of, at least two
reasonable but conflicting interpretations or meanings.
13. Contracts: Intent. When the terms of a contract are clear, a court may
not resort to rules of construction, and the terms are accorded their plain
and ordinary meaning as an ordinary or reasonable person would under-
stand them.
14. ____: ____. A court shall seek to ascertain the intention of the parties
from the plain language of the contract.
15. Contracts. If it can be avoided, no word, clause, or sentence of a con-
tract will be rejected as superfluous or meaningless.
16. Contracts: Intent. A court will give due force to the grammatical
arrangement of the clauses of a contract, unless by so doing it appears to
be at variance with the intent of the parties as indicated by the contract
as a whole.
Appeal from the District Court for Douglas County, Tressa
M. Alioth, Judge. Reversed and remanded with directions.
John 	Andrew 	McWilliams, 	Frederick 	D. 	Stehlik, 	and
Alexandria M. Bartels, of Gross Welch Marks Clare, P.C.,
L.L.O., for appellant.
William L. Finocchiaro and Christopher A. Vacanti, of
Vacanti Shattuck Finocchiaro, for appellee.
Funke, 	C.J., 	Miller-Lerman, 	Cassel, 	Papik, 	and
Freudenberg, JJ.

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Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
SEEMANN v. SEEMANN
Cite as 318 Neb. 643
Freudenberg, J.
INTRODUCTION
The wife appeals from an amended decree of dissolution
entered by the district court following our opinion and mandate
in Seemann v. Seemann (Seemann I). 1 In that prior appeal, we
concluded that the district court erred by omitting assets from
the marital estate and overvaluing a marital asset. Accordingly,
we remanded the matter with directions to redivide the marital
estate. On the instant appeal, the parties dispute whether the
parties’ premarital agreement required an equal division of the
marital estate. We hold that it does. We reverse, and remand to
the district court with directions consistent with this opinion.
BACKGROUND
Background and Procedural History
Clint Seemann and Lisa Seemann married in 2005. Before
their marriage, Clint and Lisa executed a premarital agree-
ment (Agreement). As relevant to the instant appeal, the
Agreement listed Clint’s and Lisa’s premarital assets, which
included land and shares of stock, that were to be considered
marital property. Paragraph 8 of the Agreement (paragraph 8)
further provided:
The assets of both parties listed in this agreement shall be
considered as part of the marital property which shall be
divided equally in the event of death or divorce. Marital
property shall also include property that results from the
efforts of CLINT and LISA during the marriage.
In 2021, Clint filed a complaint for the dissolution of his
marriage to Lisa.
Original Decree
Following a trial, the district court entered a “Decree of
Dissolution of Marriage” (original decree). Relevant from
Seemann I, the court valued Lisa’s retirement accounts at
1 Seemann v. Seemann, 316 Neb. 671, 6 N.W.3d 502 (2024).

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Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
SEEMANN v. SEEMANN
Cite as 318 Neb. 643
$1,480,720 and included them in the marital estate. The court
determined that Clint’s membership interest in 75th and L
Street, LLC, and its subsequent appreciation in value were
Clint’s nonmarital property. The court did not address in its
decree the value of Clint D. Seemann, P.C., or the value of the
carpet and tile that Clint retained, which were purchased for
renovations to the marital residence.
The court found the Agreement to be enforceable and quoted
the first sentence of paragraph 8: “‘[T]he assets of both par-
ties listed in this Agreement shall be considered part of the
marital property which shall be divided equally in the event
of death or divorce.’” The court found that the assets listed in
the Agreement, which included shares of Berkshire Hathaway
Class A stock, “should be divided equally as required by [the
Agreement].” The court did not address whether paragraph 8
applied to the entire marital estate. However, the court divided
the total marital estate equally between the parties and ordered
Lisa to make an equalization payment of $22,021 to Clint.
Appeal of Original Decree
Lisa 	appealed 	the 	original 	decree, 	arguing 	the 	district
court erred in, among other things, (1) dividing the Berkshire
Hathaway 	Class A stock, 	(2) 	overvaluing 	her 	retirement
accounts, (3) requiring her to make an equalization payment
to Clint, and (4) failing to include in the marital estate the
appreciation in value of Clint’s membership interest in 75th
and L Street, LLC; the value of the carpet and tile that Clint
retained; and the value of Clint D. Seemann, P.C. Clint did not
cross-appeal.
In Seemann I, 2 we reversed, and remanded with directions.
We concluded that the district court abused its discretion by
failing to include in the marital estate (1) the $1,347,666
appreciation of Clint’s interest in 75th and L Street, LLC; (2)
the $80,000 value of the carpet and tile that Clint retained;
2 Seemann I, supra note 1.

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Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
SEEMANN v. SEEMANN
Cite as 318 Neb. 643
and (3) the $27,768 value of Clint D. Seemann, P.C. We
further concluded that the court erred by overvaluing Lisa’s
retirement accounts at $1,480,720 instead of at $1,430,720. In
total, we found the value of the marital estate was $1,405,434
greater, which we determined had a “not insignificant impact”
on the size of the marital estate, the division of property
awarded to each party, and any equalization payment. 3 We
also reversed the portion of the original decree ordering Lisa
to make an equalization payment.
We did not address whether paragraph 8 required the court
to equally divide all marital property. In summarizing our
changes to the marital estate, we noted that when the district
court ordered Lisa to make an equalization payment, it effec-
tively determined that the marital estate, as provided in the
original decree, should be divided equally. Acknowledging
that our opinion changed the marital estate’s “composition and
value,” 4 we remanded the matter for “an equitable division of
the marital estate as it is constituted after [our] corrections” 5
and stated that “such division may require a different equaliza-
tion payment, if any, by one party or the other.” 6 We advised
the court to “bear in mind both the proposition that as a general
rule, a spouse should be awarded one-third to one-half of the
marital estate . . . and any provisions of the parties’ premarital
agreement regarding division of the marital property in the
event of divorce.” 7
Remand and Amended Decree
On remand, the district court entered an “Amendment to
Decree of Dissolution of Marriage” that implemented our
additions and other changes to the marital estate. In so doing,
3 Id. at 696, 6 N.W.3d at 523.
4 Id. at 697, 6 N.W.3d at 523.
5 Id.
6 Id. at 696, 6 N.W.3d at 523.
7 Id. at 697, 6 N.W.3d at 523.

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Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
SEEMANN v. SEEMANN
Cite as 318 Neb. 643
the court divided the marital property into two groups: (1) the
assets listed in the Agreement and (2) the remainder of the
marital estate.
In quoting the first sentence of paragraph 8, the court
equally divided the parties’ assets listed in the Agreement, as it
had in the original decree. As a result, the court ordered Clint
to make an equalization payment of $229,464.
In dividing the remainder of the marital estate, the court
made no changes to its initial division, other than imple-
menting the changed value of Lisa’s retirement accounts. It
awarded Clint all the assets added to the marital estate on
remand and did not order Clint to make an equalization pay-
ment for the remainder of the marital estate. As a result, Lisa
received 37.43 percent of the remainder of the marital estate, or
$1,493,220, and Clint received 62.57 percent of the remainder,
or $2,495,684.
This resulted in Lisa’s receiving 45.25 percent of the total
marital estate, or $4,775,684, and Clint’s receiving 54.75 per-
cent of the total marital estate, or $5,778,148. The court
ordered Clint to reimburse the $22,021 equalization payment
that Lisa made in compliance with the original decree.
The district court did not provide its reasons for not dividing
the total marital estate equally on remand. However, in divid-
ing the remainder of the marital estate unequally, the court
noted our comments in Seemann I and stated:
As reminded on multiple occasions within the Nebraska
Supreme Court Opinion, the district court should bear
in mind the proposition that as a general rule, a spouse
should be awarded one-third to one-half of the mari-
tal estate, Parde v. Parde, 313 Neb. 779, 986 N.W.2d
504 (2023).
(Emphasis in original.) Lisa filed a timely appeal.
ASSIGNMENT OF ERROR
Lisa assigns that the district court erred in failing to equally
divide the parties’ entire marital estate on remand.

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Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
SEEMANN v. SEEMANN
Cite as 318 Neb. 643
STANDARD OF REVIEW
[1-3] In a marital dissolution action, an appellate court
reviews the case de novo on the record to determine whether
there has been an abuse of discretion by the trial judge. 8 This
standard of review applies to the trial court’s determinations
regarding custody, child support, division of property, alimony,
and attorney fees. 9 In a review de novo on the record, an
appellate court is required to make independent factual deter-
minations based upon the record, and the court reaches its own
independent conclusions with respect to the matters at issue. 10
A judicial abuse of discretion exists if the reasons or rulings of
a trial judge are clearly untenable, unfairly depriving a litigant
of a substantial right and denying just results in matters sub-
mitted for disposition. 11
[4,5] As a contract, a premarital agreement is governed by
the same principles that are applicable to other contracts but is
subject to the particular statutory requirement that a premarital
agreement must be based on fair disclosure. 12 The interpreta-
tion of a contract and whether the contract is ambiguous are
questions of law subject to independent review. 13
ANALYSIS
At issue in the instant appeal are Clint’s and Lisa’s differ-
ing understandings of paragraph 8. Clint and Lisa agree that
pursuant to paragraph 8, the property listed in the Agreement
is part of the marital estate. However, Lisa argues that para-
graph 8 requires an equal division of the entire marital estate,
while Clint argues that it requires an equal division of only
8 Tierney v. Tierney, 309 Neb. 310, 959 N.W.2d 556 (2021).
9 Id.
10 Id.
11 Id.
12 See Seemann I, supra note 1.
13 Brush & Co. v. W. O. Zangger & Son, 314 Neb. 509, 991 N.W.2d 294
(2023).

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Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
SEEMANN v. SEEMANN
Cite as 318 Neb. 643
the assets listed in the Agreement. We hold that the Agreement
requires the equal division of the entire marital estate.
[6,7] Under Nebraska common law, as a general rule, prop-
erty accumulated and acquired by either spouse during the
marriage is part of the marital estate, whereas property a party
brings into the marriage is excluded from the marital estate. 14
The “active appreciation rule” holds that the appreciation or
income of a nonmarital asset during the marriage is marital
insofar as it was caused by the efforts of either spouse or both
spouses. 15 Under Neb. Rev. Stat. § 42-365 (Reissue 2016),
the marital estate is subject to equitable division, whereby a
spouse should generally be awarded one-third to one-half of
the marital estate. 16
[8] Pursuant to the Uniform Premarital Agreement Act, 17
spouses are able to contract around the general rules of equi-
table division by using a premarital agreement. 18 Section
42-1004 permits parties to a premarital agreement to contract
with respect to, among other things, “[t]he rights and obliga-
tions of each of the parties in any of the property of either or
both of them whenever and wherever acquired or located” and
“[t]he disposition of property upon separation, marital dissolu-
tion, death, or the occurrence or nonoccurrence of any other
event.” 19 A premarital agreement is governed by the same
principles that are applicable to other contracts but is subject
to the particular statutory requirement that a premarital agree-
ment must be based on fair disclosure. 20
14 See Stava v. Stava, ante p. 32, 13 N.W.3d 184 (2024).
15 See Stephens v. Stephens, 297 Neb. 188, 205, 899 N.W.2d 582, 595
(2017).
16 See Stava, supra note 14.
17 Neb. Rev. Stat. §§ 42-1001 to 42-1011 (Reissue 2016).
18 Simons v. Simons, 312 Neb. 136, 978 N.W.2d 121 (2022); Seemann I,
supra note 1.
19 Accord Seemann I, supra note 1.
20 See id. See, also, Simons, supra note 18.

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Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
SEEMANN v. SEEMANN
Cite as 318 Neb. 643
[9-11] In interpreting contracts, the court as a matter of law
must first determine whether the contract is ambiguous. 21 A
determination as to whether an ambiguity exists in a contract
is to be made on an objective basis, not by the subjective
contentions of the parties. 22 The fact that the parties have
suggested opposite meanings of a disputed contract does not
necessarily compel the conclusion that the contract is ambigu-
ous. 23 The meaning of a contract and whether a contract is
ambiguous are questions of law. 24
[12-15] A contract is ambiguous when a word, phrase, or
provision in the contract has, or is susceptible of, at least two
reasonable but conflicting interpretations or meanings. 25 When
the terms of a contract are clear, a court may not resort to rules
of construction, and the terms are accorded their plain and
ordinary meaning as an ordinary or reasonable person would
understand them. 26 A court shall seek to ascertain the intention
of the parties from the plain language of the contract. 27 If it can
be avoided, no word, clause, or sentence of a contract will be
rejected as superfluous or meaningless. 28
[16] In determining whether certain provisions of a contract
are ambiguous, we focus on the words employed and construe
any undefined words in harmony with their plain and gener-
ally accepted meaning and by reference to all the parts and
21 Wintroub v. Nationstar Mortgage, 303 Neb. 15, 927 N.W.2d 19 (2019).
22 DH-1, LLC v. City of Falls City, 305 Neb. 23, 938 N.W.2d 319 (2020).
23 See id.
24 General Drivers & Helpers Union v. County of Douglas, 291 Neb. 173,
864 N.W.2d 661 (2015).
25 Id.
26 Wood v. Wood, 266 Neb. 580, 667 N.W.2d 235 (2003).
27 Id.
28 See Parent v. City of Bellevue Civil Serv. Comm., 17 Neb. App. 458, 763
N.W.2d 739 (2009). See, also, City of Sidney v. Municipal Energy Agency
of Neb., 301 Neb. 147, 917 N.W.2d 826 (2018); Nygren v. Nygren, 14 Neb.
App. 1, 704 N.W.2d 257 (2005); Restatement (Second) of Contracts § 203
(1981).

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Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
SEEMANN v. SEEMANN
Cite as 318 Neb. 643
provisions of the agreement and the nature of the transaction
that forms its subject matter. 29 In addition to dictionary defini-
tions, a plain meaning analysis must include reading words
and phrases in context and construing them in accordance
with the rules of grammar and common usage. 30 A court will
give due force to the grammatical arrangement of the clauses
of a contract, unless by so doing it appears to be at variance
with the intent of the parties as indicated by the contract as
a whole. 31
Paragraph 8 provides in its entirety:
8. The assets of both parties listed in this agreement
shall be considered as part of the marital property which
shall be divided equally in the event of death or divorce.
Marital property shall also include property that results
from the efforts of CLINT and LISA during the marriage.
Clint and Lisa disagree whether the clause in the first sen-
tence, “which shall be divided equally in the event of death or
divorce,” defines a limited subcategory of marital property that
shall be divided equally or, instead, gives the additional infor-
mation that all the marital property shall be divided equally.
Clint believes that the clause defines a subcategory com-
posed solely of the assets listed in the Agreement and that any
other property considered under Nebraska law to be “marital
property” is subject to equitable division, which need not
necessarily be equal. In contrast, Lisa believes the clause
provides that all marital property shall be divided equally
29 See School Dist. No. 1 v. Denver Classroom, 433 P.3d 38 (Colo. 2019).
See, also, e.g., Brush & Co., supra note 13.
30 Jeffrey W. Stempel, What Is the Meaning of “Plain Meaning”?, 56 Tort
Trial & Ins. Prac. L.J. 551 (2021). See, also, Saint James Apt. Partners
v. Universal Surety Co., 316 Neb. 419, 5 N.W.3d 179 (2024); In re
Estate of Brinkman, 308 Neb. 117, 953 N.W.2d 1 (2021); Katskee v. Blue
Cross/Blue Shield, 245 Neb. 808, 515 N.W.2d 645 (1994).
31 See U. P. Terminal F. C. U. v. Employers M. L. Ins. Co., 172 Neb. 190, 109
N.W.2d 115 (1961). See, also, In re Estate of Matthews, 13 Neb. App. 813,
702 N.W.2d 821 (2005).

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Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
SEEMANN v. SEEMANN
Cite as 318 Neb. 643
and that the first part of the sentence expressly includes the
listed assets as marital property. Grammatically, Clint reads
the clause in question as restrictive, while Lisa reads it as
nonrestrictive.
A clause is restrictive when it is “essential to the meaning
of the sentence,” inasmuch as it restricts the meaning of the
preceding noun. 32 “A restrictive clause is one that gives us
information about the preceding noun or noun phrase (called
the antecedent) in order to distinguish the antecedent from
other items in the same category.” 33 An example of a sen-
tence with a restrictive clause is: “The meeting that starts at
10 a.m. is about [cars].” 34 The restrictive clause, “that starts
at 10 a.m.,” identifies which, of all potential meetings, the
sentence is about. Without the clause “that starts at 10 a.m.,”
the meaning of “[t]he meeting” would change; there would
clearly be only one meeting. So, the clause is “essential” to
the sentence. 35
A nonrestrictive clause gives “supplemental” information
and does not restrict the meaning of the preceding noun. 36 A
nonrestrictive phrase or clause provides “additional descrip-
tion or information that is incidental to the central meaning
of the sentence.” 37 A clause is nonrestrictive when it could be
removed from the sentence without “changing the essential
32 Bryan A. Garner, The Redbook: A Manual on Legal Style § 10.20 at 188
(3d ed. 2013). See, also, Scott Moïse, English Test for Lawyers: Fall
Semester 2021, S.C. Law. 56 (Jan. 2022); Joseph Kimble, The Doctrine of
the Last Antecedent, the Example in Barnhart, and Why Both Are Weak, 99
Judicature 21 (2015).
33 Richard C. Wydick, True Confessions of a Diddle-Diddle Dumb-Head, 11
Scribes J. Legal Writing 57, 60 (2007) (emphasis omitted).
34 See Garner, supra note 32, § 1.6 at 6.
35 See id., § 10.20 at 188.
36 Kenneth A. Adams, Bamboozled by a Comma: The Second Circuit’s
Misdiagnosis of Ambiguity in American International Group, Inc. v. Bank
of America Corp., 16 Scribes J. Legal Writing 45, 51 (2015).
37 See Garner, supra note 32, § 1.6 at 6.

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Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
SEEMANN v. SEEMANN
Cite as 318 Neb. 643
meaning of the sentence.” 38 An example of a nonrestrictive
phrase or clause is: “The . . . meeting, which starts at 10 a.m.,
is about [cars].” 39 The nonrestrictive clause, “which starts at
10 a.m.,” provides additional information about the meeting
and is incidental to the sentence’s “central meaning,” 40 to wit:
the singular meeting of the day is about cars.
In American English, “which” is “reserved for introducing
a nonrestrictive clause.” 41 Thus, to introduce a nonrestrictive
clause, one should use “which” or “who” and set off the clause
with commas, dashes, or parentheses. 42 In contrast, to intro-
duce a restrictive clause, one should use “that” or “who” and
should not set off the clause with commas, dashes, or paren-
theses. 43 “Which” is properly used to introduce a restrictive
clause only in phrases like “that which” and “in which.” 44 Even
so, one should use “that” instead of a “comma-less ‘which’”
whenever possible. 45
“Use of commas can help distinguish between restrictive
and nonrestrictive relative clauses,” but “actual practice is
less tidy.” 46 Thus, while it may be more grammatically correct
to have a preceding comma to a nonrestrictive clause, when
determining whether a clause is restrictive or nonrestrictive,
the words generally have greater controlling force than the
punctuation. 47
38 See id., § 10.20 at 189.
39 See id., § 1.6 at 6.
40 See id.
41 See id., § 10.20 at 189 (emphasis omitted).
42 See id. (emphasis omitted).
43 See id. at 188 (emphasis omitted).
44 See id. at 189 (emphasis omitted). But see Gertrude Black, Language for
Lawyers, Fed. Law. 39 (Aug. 2000).
45 See Garner, supra note 32, § 10.20 at 189 (emphasis omitted).
46 Adams, supra note 36 at 51.
47 See 82 C.J.S. Statutes § 413 (2022).

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Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
SEEMANN v. SEEMANN
Cite as 318 Neb. 643
Applying these principles, we agree with Lisa’s reading
of the first sentence of paragraph 8 as “The assets of both
parties listed in this agreement shall be considered as part
of the marital property[,] which shall be divided equally in
the event of death or divorce.” “[S]hall be divided equally”
is a nonrestrictive clause that does not define a subcategory
of marital property. Instead, the nonrestrictive clause gives
the supplemental information that all the “marital property”
shall be divided equally. The only grammatical omission was
a comma.
On the other hand, Clint’s suggested construction is strained
and involves much more than simply replacing a “which”
with a “that.” If the first sentence of paragraph 8 read as “The
assets of both parties listed in this agreement shall be con-
sidered as part of the marital property [that] shall be divided
equally in the event of death or divorce,” the sentence would
indicate there is a subcategory of “marital assets” to be divided
equally. While the beginning of the first sentence in paragraph
8 would obviously include the assets listed in the Agreement
in that subcategory, Clint’s suggested construction begs the
question of what other things are included in “the marital
property [that] shall be divided equally.”
Yet, Clint argues the next sentence of paragraph 8, “Marital
property shall also include property that results from the efforts
of CLINT and LISA during the marriage,” does not include
such described marital property in the “the marital property
[that] shall be divided equally.” Instead, under Clint’s reading,
the second sentence of paragraph 8, half of the provision at
issue, is entirely superfluous. The sentence would be merely
a vague reminder of the common-law active appreciation rule
that property “that results from the efforts of CLINT and
LISA during the marriage” is marital property to be divided
equitably pursuant to § 42-365. This reading is subject to
the further anomaly that the second sentence of paragraph
8, thereby standing alone, does not actually explain if said
active appreciation assets are to be divided equally under the

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SEEMANN v. SEEMANN
Cite as 318 Neb. 643
Agreement or equitably under § 42-365. If Clint and Lisa
intended to make only the listed assets subject to equal division
under the Agreement, then there was no reason to add a second
sentence describing a subset of common-law principles about
what is included in the marital estate for purposes of statutory
equitable division.
Clint’s reading renders superfluous the reference to “mari-
tal property” in the first sentence of paragraph 8. Clint inter-
prets the first sentence to state that the assets listed in the
Agreement are to be both (1) considered marital property and
(2) divided equally. But, if the parties intended for the sen-
tence to require the equal division of only the listed assets,
as Clint suggests, then there would be no reason to first
include those assets in the marital estate before requiring their
equal division.
In conclusion, we do not find paragraph 8 susceptible of
more than one reasonable meaning. Under its plain language,
paragraph 8 required the district court to equally divide the
entire marital estate. Therefore, we reverse the court’s divi-
sion of the marital estate as ordered in its amended decree and
remand the cause with directions for the court to divide the
marital estate equally, as required by the Agreement.
CONCLUSION
Because the parties’ premarital agreement required the dis-
trict court to equally divide the entire marital estate, we reverse
the division of the marital estate that was not equal and remand
the cause to the district court with directions to divide the
entire marital estate equally in accordance with our opinion.
Reversed and remanded with directions.
Stacy, J., participating on briefs.