Passage of Nebraska's new no fault divorce law in April 1972 aroused speculation over its future application and interpretation by the courts. The alimony provisions, for example, while providing a skeletal framework for attorneys, need judicial fleshing out before their impact will be understood. There is some question as to whether the new law by implication eliminates marital fault as a consideration from alimony proceedings in the same way it has eliminated fault as a ground for granting the decree of dissolution. In Magruder v. Magruder, the first case to interpret the alimony section of the new law, the court could have provided an answer; unfortunately, it did not resolve the problem. As a result, it can only be suggested that marital fault may well still play a role in alimony awards under Nebraska's new law.
Alimony Awards under No Fault Divorce Statutes: Magruder v. Magruder, 190 Neb. 573, 209 N.W.2d 585 (1973),
53 Neb. L. Rev. 126
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