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liability to make the monthly alimony payments. The court
initially noted that the value of the marital estate appeared to
be in excess of $200,000, but that the wife was receiving only
the monthly payments totaling $18,500, a 1973 Cadillac, some
household goods, and payment of $5,000 of her attorney’s fees.
Id. The court then examined the language of the divorce decree
and held:
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 payment of such alimony shall terminate
only upon the happening of the event set out in the
agreement or decree. * * * [Id. at 854.]
Thus, the fact that the husband and wife provided for a
termination event and the agreement was not modifiable resulted
in the nonapplicability of Neb. Rev. Stat. section 42-365.
Later, in Kingery v. Kingery, 320 N.W.2d 441 (Neb. 1982),
the issue was whether a nonmodifiable provision requiring that
payments be made until “paid in full” precluded application of
Neb. Rev. Stat. section 42-365 because the parties had “otherwise
agreed” within the meaning of the statute. The decree of
dissolution was silent regarding the effect of death or
remarriage, and the husband argued that on his ex-wife’s
remarriage Neb. Rev. Stat. section 42-365 operated to relieve him
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