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labeled as alimony for support and maintenance were more in the
nature of property settlement payments. For the reasons
discussed above, we hold that petitioner and Ms. Springer did not
“otherwise agree” within the meaning of Neb. Rev. Stat. section
42-365.
III. Alimony in Gross
Respondent argues that the requirements that the annual
payments were not to terminate on the death of petitioner or the
remarriage of Ms. Springer were inserted into the marital
settlement to characterize the annual payments as “alimony in
gross” under Nebraska law. Respondent implies that this is the
reason the annual payment provision lacks a specific reference
regarding the effect of Ms. Springer’s death, not that the two
payment provisions were intended to be read in conjunction and
terminate the liability to make the annual payments after the
death of Ms. Springer. Respondent relies on Ball v. Ball, 159
N.W.2d 297 (Neb. 1968), to support his position.
In Ball v. Ball, supra at 300, the Supreme Court of Nebraska
discussed the difference between “alimony” and “alimony in
gross”. The court stated:
The distinction between “alimony” and “alimony in
gross” may be gathered from the accepted definitions of
the two terms. “Alimony”, which signifies literally
nourishment or sustenance, is an allowance for support
and maintenance, or, as has been said, a substitute for
marital support. It is the allowance which a husband
may be compelled to pay to his wife or former wife for
her maintenance when she is living apart from him or
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