- 27 - 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 orPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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