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← 126 SO3D 1029 - Lacey v. Lacey

Lacey v. Lacey’s Empirical Analysis

2013

Citation profile

4
cited by 4 later decisions
1
states following
December 2017
most recently cited

3 state decisions

Relationships

Relies on Hager v. Hager · O'Neal v. O'Neal · TenEyck v. TenEyck · 990 So. 2d 383 - Clements v. Clements · Lackey v. Lackey

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

  1. “"With regard to the characteristics of periodic alimony and alimony in gross, this court has stated: " 'Our supreme court has explained the difference between periodic alimony and alimony in gross. Hager v. Hager , 293 Ala. 47 , 299 So.2d 743 (1974). Alimony in gross is considered "compensation for the [recipient spouse's] inchoate marital rights [and] ... may also represent a division of the fruits of the marriage where liquidation of a couple's jointly owned assets is not practicable." [Hager v. Hager] , 293 Ala. at 54 , 299 So.2d at 749 . An alimony-in-gross award "must satisfy two requirements, (1) the time of payment and the amount must be certain, and (2) the right to alimony must be vested." Cheek v. Cheek , 500 So.2d 17 , 18 (Ala. Civ. App. 1986). It must also be payable out of the present estate of the paying spouse as it exists at the time of the divorce. [Hager v. Hager] , 293 Ala. at 55 , 299 So.2d at 750 . In other words, alimony in gross is a form of property settlement. [Hager v. Hager] , 293 Ala. at 54 , 299 So. 2d at 749 . An alimony-in-gross award is generally not modifiable. Id . " 'Periodic alimony, on the other hand, "is an allowance for the future support of the [recipient spouse] payable from the current earnings of the [paying spouse]." [Hager v. Hager] , 293 Ala. at 55 , 299 So.2d at 750 . Its purpose "is to support the former dependent spouse and enable that spouse, to the extent possible , to maintain the status that the parties had enjoyed during t”
    2 later decisions quote this exact passage
  2. “An award of alimony in gross is in the nature of a property division, and such an award is not subject to modification.”
    1 later decision quote this exact passage · from the concurrence
  3. “the term 'vested' simply signifies that an award of 'alimony in gross' is not subject to modification .”
    1 later decision quote this exact passage · from the concurrence

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.