- 22 - 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 himPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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