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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
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