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made between alimony and alimony in gross. Kingery v. Kingery,
320 N.W.2d at 443; Euler v. Euler, 295 N.W.2d 397, 399 (Neb.
1980). Thus, the liability to make payments which might
otherwise be characterized as alimony in gross under Nebraska law
will still terminate on the death of either party or the
remarriage of the payee spouse except as otherwise agreed by the
parties or ordered by the court.
Respondent agrees with the above principles; however, he
asks the Court to “recognize that the annual alimony termination
provisions at issue here are consistent with the trade or local
usage for payments of alimony in gross.” Although respondent’s
position is not entirely clear, he appears to argue that
petitioner and Ms. Springer intended the annual payments to be
alimony in gross and that this intention implies that the annual
payments would not have terminated on the death of Ms. Springer.
Respondent claims that the annual payment in issue is properly
characterized as alimony in gross because it was part of a series
of payments for a definite period of time, the annual payments
were not modifiable, and the parties provided that the annual
payments would not terminate on the death of petitioner or the
remarriage of Ms. Springer.
The fact that petitioner was required to make annual
payments for a period of 5 years is not determinative of the
question of whether the payments constitute alimony or alimony in
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