Fred J. Pettid - Page 25




                                         - 25 -                                       
             required under paragraph 1.f) of the Agreement.  Thus,                   
             petitioner’s liability to make the payments terminates by                
             operation of Neb. Rev. Stat. section 42-365 upon                         
             Ms. Wagner’s death.                                                      
                  Under Nebraska law, there is a distinction between                  
             "annulment" and "divorce".  Annulment is the declaration                 
             by a court that a purported marriage is null and void, as                
             if the marriage had not occurred.  See Neb. Rev. Stat.                   
             sec. 42-119 (1988).  Divorce is the termination of a valid               
             and binding marriage.  See Neb. Rev. Stat. sec. 42-347(2)                
             (1988).  Notwithstanding this distinction, annulment                     
             actions are brought in the same manner as divorce actions                
             and are subject to the same provisions of the Nebraska                   
             Divorce and Alimony Law.  See Neb. Rev. Stat. sec. 42-373                
             (1988).                                                                  
                  Our interpretation of Neb. Rev. Stat. section 42-365                
             is supported by the holding in Euler v. Euler, 295 N.W.2d                
             397 (Neb. 1980).  The issue in Euler v. Euler was whether,               
             under Neb. Rev. Stat. section 42-365, the remarriage of the              
             ex-wife caused the termination of the payment of alimony to              
             her.  The court held that:                                               

                  Neither the property settlement nor the decree                      
                  provides for the termination of alimony upon the                    
                  occurrence of a specified event set out in the                      
                  agreement, nor does either state that the agree-                    
                  ment shall not be subject to amendment or                           





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

Last modified: May 25, 2011