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Where the parties by their agreement in writing,
or the court by its decree, provide that a
specific amount of alimony shall be paid for a
specific period of time, and shall terminate only
upon the occurring of a specific event set out in
the agreement or decree and otherwise shall not
be subject to amendment or revision, the payments
of such alimony shall terminate only upon the
happening of the event set out in the agreement
or decree.
Id. at 854.
Respondent notes that in Watters v. Foreman, supra,
the parties to the written agreement did not include the
remarriage of the ex-wife as a ground for termination, and
the agreement stated that it was final and complete and not
subject to revision or amendment. According to respondent,
the same result should follow in the instant case because
the Annulment Agreement likewise does not include the death
of Ms. Wagner as a ground for termination and states that
it is final and complete and not subject to revision or
modification.
We believe that Watters v. Foreman, supra, is dis-
tinguishable from the instant case. In Watters v. Foreman,
supra, the decree fit within the "Except as otherwise
agreed by the parties in writing or by order of the court"
language of Neb. Rev. Stat. section 42-365 because the
decree expressly dealt with termination and provided that
termination would occur upon the death of the payee spouse.
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