Swetich v. Smith’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Daniel asks that we construe the agreement to provide for automatic termination of alimony upon remarriage in the absence of any agreed termination provision in the agreement. His basic argument is that, traditionally, alimony ends upon remarriage as a matter of law. Daniel cites several cases which tend to support that proposition. Only recently, we indicated “[ajlimony payments terminate on the death of either party or on the remarriage of the payee.” Sellers v. Sellers, 775 P.2d 1029, 1032 (Wyo.1989) (accord Warren v. Warren, 361 P.2d 525 (Wyo.1961)). There was also language in Neagle v. Neagle, 481 P.2d 661, 663 (Wyo.1971) (Neagle I), which indicates “alimony payments ... cease upon the remarriage or death of [the payee].” While Daniel argues with some force for that proposition, another factor must be considered that the argument advanced and the cases cited by Daniel do not accommodate. Daniel’s argument does not weigh the continuing jurisdiction of the district court to modify decrees, Sellers, 775 P.2d 1029 , and the cited cases do not involve decree incorporated term payment separation agreements and do - not provide any express termination on remarriage proviso. In Hendrickson v. Hendrickson, 583 P.2d 1265, 1267 (Wyo.1978), we said “an award always remains open; and upon application, where conditions and circumstances have changed, the trial court can provide relief and modify the allowance.” Necessarily, modification of the award for the payment of alimony is to be”

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

2. “In Hendrickson v. Hendrickson, 583 P.2d 1265, 1267 (Wyo.1978), we said “an award always remains open; and upon application, where conditions and circumstances have changed, the trial court can provide relief and modify the allowance.” Necessarily, modification of the award for the payment of alimony is to be made by the district judge, not by a unilateral decision by the payor.”

   1 later decision quote this exact passage
   e.g. Oedekoven v. OEDEKOVAN