Rogers v. Rogers’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Other courts have arrived at the same conclusion. (Citations omitted). Most of the courts holding a subsequent marriage by the recipient of alimony in futuro does not automatically terminate the alimony obligation, hold that it does create a presumption that the court end the alimony payments unless the recipient can show some extraordinary circumstances justifying its continuance. We agree with the rule announced. It is in keeping with the strong public policy against requiring a former husband having to support his former wife after she has married another; yet it does not take authority from the trier of fact to find that extraordinary circumstances exist justifying the continuance of alimony payments. The paucity of cases that have reached this Court on the effect of a second marriage on court imposed obligation to make periodic payments of alimony leads us to believe that the trial courts, in fact, have followed the rule. But to insure that this is the case, we expressly hold that while the obligation to make periodic payments of alimony does not ipso facto terminate upon the remarriage of the party receiving payments, the marriage does create a presumption that there is no basis, in equity, for alimony to continue and that it should end retroactively to the date of the [re-]marriage. The presumption is rebut-table upon a showing by the person receiving alimony payments of some extraordinary circumstance justifying its continuance. (emphasis in original text).”

   1 later decision quote this exact passage
   e.g. Butcher v. Webb