Marlin G. Springer - Page 28

                                       - 28 -                                         
               has been divorced.  “Alimony in gross, or lump-sum                     
               alimony,” is fundamentally the award of a definite sum                 
               of money; and if the sum is payable in instalments the                 
               payments run for a definite length of time.  The sum is                
               payable in full, regardless of future events such as                   
               the death of the husband or the remarriage of the wife.                
               Gross alimony becomes a vested right from the date of                  
               the rendition of the judgment, and the manner of its                   
               payment in no wise affects its nature or effect.  The                  
               fact that the award is payable in installments is not                  
               determinative of the question whether it is gross                      
               alimony or periodic alimony.  On the other hand,                       
               alimony in general, or installment alimony,                            
               contemplates periodic payments of a definite sum for                   
               the indefinite future, and terminates on the death of                  
               either party or the remarriage of the wife. * * * The                  
               phrase “alimony in gross” or “gross alimony” is always                 
               for a definite amount of money, the payment is always                  
               for a definite length of time, and it is always a                      
               charge on the estate of the husband and is not                         
               modifiable.  It, therefore, appears that a decree                      
               providing for “alimony in gross,” constituting a final                 
               judgment not subject to modification, must incorporate                 
               each and every one of the following propositions to                    
               meet the recognized requirements for this type of                      
               judgment, to wit: (1) The award must be for a definite                 
               sum or for installments payable over a definite period                 
               of time; (2) it must be payable in full regardless of                  
               the death or remarriage of the judgment creditor; and                  
               (3) it cannot terminate on the death of the judgment                   
               debtor. [Citations omitted.]                                           
          Relying on this passage, respondent argues on brief that the                
          specific exclusion from termination of the death of petitioner              
          and the remarriage of Ms. Springer was intended to qualify the              
          annual payments as alimony in gross.                                        
               The Ball case predated the adoption of Neb. Rev. Stat.                 
          section 42-365.  Murrell v. Murrell, 440 N.W.2d 237, 239 (Neb.              
          1989).  The Supreme Court of Nebraska has recognized that the               
          statute applies to all orders for alimony, and no distinction is            

Page:  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