117 N.C. App. 410 - Johnson v. Johnson’s Empirical Analysis
1994
Citation profile
11 state decisions
How this case has been cited
Cited by 11 later decisions — most recently February 2019
11 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Johnson v. Johnson · Matter of Estate of Trogdon · 52 Wash. App. 317 - In the Matter of Marriage of Anglin · 92 N.C. App. 413 - Taylor v. Taylor · Dolan v. Dolan
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When a spouse contributes a portion of his monthly salary to a retirement fund, both spouses actually contribute marital labor to this fund. If the spouse retires early and begins receiving retirement benefits, it follows that if the spouses divorce, the non-retired spouse still is entitled to a portion of those retirement benefits because that spouse contributed to their acquisition. Here, no marital labor contributed to plaintiff’s acquisition of the ‘disability retirement benefits.’ Plaintiff did not contribute money specifically to a disability fund. Disability benefits are personal to the snouse who receives them and are that person’s separate property.”
1 later decision quote this exact passagee.g. Cooper v. Cooper“Cases from other jurisdictions are divided as to how disability benefits should be allocated. ‘Some states have held that they are similar in nature to personal injury awards and should be categorized under the same rules.’ Lawrence J. Golden, Equitable Distribution of Property, § 6.11 n. 123 (1983 & Brett R. Turner, Supp.1993). Other states perceive the benefits as replacing lost earnings and as marital property. J. Thomas Oldham, Divorce, Separation And The Distribution Of Property, § 8.03[1] (1994). We agree with the states finding that disability benefits which truly compensate for disability are separate property.”
1 later decision quote this exact passagee.g. Cooper v. Cooper
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.