– Wife won, and husband appealed.
– Reversed and remanded for judgment
– Wife and husband made promise…pay for his bills while in law school, then he would pay for her while she went back to school.
– After husband graduated, got a job, they got divorced…Husband did not fulfill promise and she sued for unjust enrichment on her behalf…
– Husband stated that contract was too indefinite to be legally enforceable.
– Wife stated, even if it was unreasonable, she could win on restitution (unjust enrichment)…
Is the term of “unjust” enrichment for marital issues a legit one?
If the enrichment does not come from usual and incidental activities that one would perform as a husband/wife then restitution is enforceable.
Where an agreement display, between the spouses, an extraordinary or unilateral effort by one spouse which insures solely to benefit of the other by the time of dissolution, the remedy of restitution is appropriate
Reversed and remanded for proceedings in accordance with the opinion…