Alimony Awards under No Fault Divorce Statutes: <i>Magruder v. Magruder</i>, 190 Neb. 573, 209 N.W.2d 585 (1973)

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.