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HOLM v. HOLM

No. S-03-290.

678 N.W.2d 499 (2004)

267 Neb. 867

Carl R. HOLM, appellant v. Barbara K. HOLM, now known as Barbara K. Ashbridge, appellee.

Supreme Court of Nebraska.

April 23, 2004.

Attorney(s) appearing for the Case

Timothy W. Nelsen, of Fankhauser, Nelsen & Werts, P.C., Nebraska City, for appellant.

Jeffery R. Kirkpatrick and Mary K. Hansen, of McHenry, Haszard, Hansen, Roth & Hupp, Lincoln, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

STEPHAN, J.

This appeal presents the question of whether an obligation to pay alimony terminates upon remarriage of the recipient by operation of Neb.Rev.Stat. § 42-365 (Reissue 1998) where the decree provides that "alimony shall terminate upon the death of either party" but makes no reference to termination upon remarriage.

FACTS

A decree dissolving the marriage of Carl R. Holm and Barbara K. Holm, now known as Barbara K. Ashbridge, was entered...

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