- 25 - In the instant case, the second paragraph of article 6 of the marital settlement states that the liability to make the annual payments to Ms. Springer will not terminate on either the death of petitioner or the remarriage of Ms. Springer. Unlike the situation in Watters v. Foreman, 284 N.W.2d 850 (Neb. 1979), the parties did not specifically state that the annual payments would terminate on death or remarriage. Instead, the parties chose to specifically exclude the death of petitioner or the remarriage of Ms. Springer as events causing termination. In Watters v. Foreman, supra, the parties stated one situation in which the payments would terminate and one situation in which they would not. The court found that the parties’ statement that the payments would terminate on the wife’s death effectively limited the termination events to that specific occurrence and precluded application of Neb. Rev. Stat. section 42-365 to statutorily terminate the payments on the wife’s remarriage. Respondent’s position regarding the application of Watters in this case would lead to an incongruous result. Here, the parties did not provide a termination event. Rather, they specifically excluded from termination two of the three events previously listed as causing termination in the prior related paragraph. The specific exclusion of two of the three events from termination, in this context, without reference to the third event, indicates that the third terminating event is stillPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011