- 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 isPage: 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