Martinez v. Martinez

STEWART, Justice:

This case is here on a writ of certiorari to the Utah Court of Appeals to review the single issue of whether that court erred in fashioning a new remedy in divorce cases which it called equitable restitution and which may be awarded in addition to alimony, child support, and property. See Martinez v. Martinez, 754 P.2d 69 (Utah Ct.App.1988).

*539I. PACTS

Karen and Jess Martinez were married in 1968, while Mr. Martinez was serving in the United States Army. Both had high school educations. Mr. Martinez began his college education in 1970. Three children were born to the marriage…