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the death of Ms. Wagner by operation of Neb. Rev. Stat.
section 42-365, which provides as follows:
Decree; alimony; division of property; criteria;
modification; revocation; termination. When
dissolution of marriage is decreed, the court
may order payment of such alimony by one party
to the other and division of property as may be
reasonable, having regard for the circumstances
of the parties, duration of the marriage, a
history of the contributions to the marriage by
each party * * * and interruption of personal
careers or educational opportunities * * *
Except as otherwise agreed by the parties in
writing or by order of the court, alimony orders
shall terminate upon the death of either party or
the remarriage of the recipient.
The purpose of alimony is to provide for the
continued maintenance or support of one party by
the other when the relative economic circum-
stances and the other criteria enumerated in this
section make it appropriate. [Emphasis added.]
Neb. Rev. Stat. sec. 42-365 (1988).
Neb. Rev. Stat. section 42-365 provides that the payor's
liability to make payments under "alimony orders"
terminates by operation of law upon the death of either
spouse or the remarriage of the recipient spouse, "except
as otherwise agreed by the parties in writing or by order
of the court". We note that respondent does not argue that
the district court's decree is not an "alimony order." In
this case, neither the Annulment Agreement nor the Decree
of Annulment provides for the termination of the payments
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