- 24 - 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 paymentsPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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