Gloria Hayley Ashby, Plaintiff and Respondent v. Dallen Ben Ashby, Defendant and Petitioner

Summary

The court held that a divorcing spouse's unjust-enrichment claim based on supporting the other spouse's education is barred because it is substantively equivalent to the rejected remedy of equitable restitution. It held that a breach-of-contract claim based on a student-support agreement is permissible, is not preempted by the alimony statute, and must be brought within the divorce proceeding. Justice Durham concurred, emphasizing that the amended alimony statute may reduce the need for quasi-contract theories by permitting compensation for contributions to a spouse's education.