Fred J. Pettid - Page 26




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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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