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Kingery v. Kingery, 320 N.W.2d 441, 443 (Neb. 1982).
Thus, if Neb. Rev. Stat. section 42-365 applies, liability
to make the payments terminates without a court order.
Similarly, the termination takes place without “modifica-
tion” of the Annulment Agreement or the Decree of
Annulment.
Respondent cites Watters v. Foreman, 284 N.W.2d 850
(Neb. 1979), in support of his position that section
71(b)(1)(D) is not satisfied because paragraph 1.f) of
the Annulment Agreement does not explicitly provide for
termination of the subject support payments upon the death
or remarriage of Ms. Wagner. The issue in Watters v.
Foreman, supra, was whether the remarriage of the payee
spouse resulted in the termination of alimony by operation
of Neb. Rev. Stat. section 42-365. The court decree stated
that the payments would cease upon the payee's death, but
it was silent about remarriage.
In support of his position that his obligation to pay
alimony terminated upon his ex-wife's remarriage, the
payor, Foreman, argued that Neb. Rev. Stat. section 42-365
required termination of the alimony payments upon the
remarriage of his ex-wife. The court in Watters v.
Foreman, supra, held:
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