The Right of the Trial Court to Award Temporary Alimony Pending Appeal in Nebraska
In Overton v. Overton, 178 Neb. 267, 133 N.W.2d 7 (1965), the court specifically recognized the right of the trial court to award temporary alimony pending appeal, and it specifically affirmed such an award to an appellant ex-wife who had not received permanent alimony and who had lost the appeal on other issues.
The purpose of a temporary award of alimony pending appeal has been recognized to include providing support during appeal and permitting the recipient of the alimony award to appeal without being deemed to have accepted the benefit of the award and thus having waived the right to appeal. Jessen v. Jessen, 259 Neb. 644, 611 N.W.2d 834 (2000), citing Fletcher v. Fletcher, 227 Neb. 179, 416 N.W.2d 570 (1987) (where appeal was dismissed because recipient of alimony award took payments during appeal).