Fred J. Pettid - Page 24




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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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