Scott v. Scott’s Empirical Analysis

Citation profile

3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “interpreting the [statute] to terminate alimony only during periods of active cohabitation could create an incentive for persons receiving alimony to simply cohabit rather than marry, so that if the new relationship does not endure, the alimony from the former spouse would resume. This could result in something of a statutory preference for cohabitation over marriage, which seems unlikely to have been the legislature's intent.”

   1 later decision quote this exact passage
   e.g. Scott v. Scott

2. “The parties' decree of divorce differs from the language contained in Utah Code section 30-3-5(10).... However, the parties have presented this case as though the statutory language governs the result, and for purposes of this analysis we assume that the parties' decree is substantively identical to the statute on the issue of cohabitation.”

   1 later decision quote this exact passage
   e.g. Scott v. Scott

3. “there is the potential that the couple will simply cease cohabitation in advance of that date to avoid the consequence if the Cohabitation Provision were to require that the recipient spouse 'is cohabitating' at the time of hearing or trial.”

   1 later decision quote this exact passage
   e.g. Scott v. Scott