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revision. Section 42-365 clearly states that
alimony payments will terminate by operation of
law when a decree is silent on the effect of
death or remarriage. [Emphasis added.]
Id. at 400.
Respondent attempts to distinguish Euler v. Euler by
noting that the agreement in that case expressly permitted
modification. Respondent argues that the court in Euler v.
Euler concluded that termination language could be added to
the agreement. In this case, on the other hand, respondent
argues that the Annulment Agreement does not permit
modification, and that language terminating petitioner's
liability to make the subject payments upon the death of
Ms. Wagner cannot be added.
We disagree. We do not agree that the statutory
direction set forth in Neb. Rev. Stat. section 42-365 can
be defeated by a general contractual provision prohibiting
modification of the agreement. If Neb. Rev. Stat. section
42-365 applies, a payor's liability to pay alimony
terminates automatically by operation of law upon the death
of the payee. As the court stated in Kingery v. Kingery:
The words, “terminate upon the death of either
party or the remarriage of the recipient,”
clearly show that this portion of the statute
needs no order of court to effect termination.
The alimony terminates by operation of law when
the condition occurs.
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