- 30 - gross. See Ball v. Ball, supra at 300. The language of the divorce documents does not reflect that the payments were intended to be part of a definite sum payable and, as discussed previously, we believe that the liability to make the payments was subject to the contingency of the death of Ms. Springer. Nor do we believe that the fact that the annual payments were not modifiable means that the payments were alimony in gross. Indeed, in Kingery v. Kingery, supra, the nonmodifiable provisions did not prevent application of Neb. Rev. Stat. section 42-365. Finally, in Ball v. Ball, supra at 300, the court stated that alimony in gross must incorporate “each and every one” of the requirements that the award be for a definite sum (or for installments payable over a definite period of time), be payable in full regardless of the death or remarriage of the payee spouse, and not terminate on the death of the payor spouse. The divorce documents in this case lack the specific requirement that the annual payments be payable in full regardless of the death of the payee spouse, Ms. Springer. We also note that the passage in Ball v. Ball, supra at 300, relied on by respondent expressly describes alimony (as distinguished from alimony in gross) as “an allowance for support and maintenance”. As discussed earlier, the divorce documents stated that the annual payments were for the “support and maintenance” of Ms. Springer. The use of this phrase in thePage: 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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