Marlin G. Springer - Page 21

                                       - 21 -                                         
               have accrued prior to the date of service of process on                
               a petition to modify, orders for alimony may be                        
               modified or revoked for good cause shown, but when                     
               alimony is not allowed in the original decree                          
               dissolving a marriage, such decree may not be modified                 
               to award alimony.  Except as otherwise agreed by the                   
               parties in writing or by order of the court, alimony                   
               orders shall terminate upon the death of either party                  
               or the remarriage of the recipient.  [Emphasis added.]                 
          The pertinent issue in the instant case is whether petitioner and           
          Ms. Springer “otherwise agreed” in the marital settlement (or the           
          court ordered in the divorce decree) that the annual payments               
          would not terminate on the death of Ms. Springer.                           
               Respondent, citing Watters v. Foreman, 284 N.W.2d 850 (Neb.            
          1979), argues that Neb. Rev. Stat. section 42-365 does not apply            
          because the annual payment provision in article 6 of the marital            
          settlement was not silent as to all termination procedures.  The            
          issue in Watters was whether the remarriage of the wife resulted            
          in the termination of alimony by operation of Neb. Rev. Stat.               
          section 42-365.  Under the decree, the husband was required to              
          pay the wife $1,000 per month for a period of 10 years and 1                
          month.  Id. at 852.  The decree stated that the payments were to            
          cease on the death of the wife but not on the death of the                  
          husband.  Id.  The decree was silent regarding the husband’s                
          liability to make the payments if the wife remarried.  Id.                  
               The Supreme Court of Nebraska had to decide whether the                
          parties had “otherwise agreed” within the meaning of the statute            
          and, therefore, the remarriage did not terminate the husband’s              

Page:  Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  Next

Last modified: May 25, 2011