14 Va. App. 558 - Gamble v. Gamble’s Empirical Analysis

Citation profile

75 state decisions

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

1. “In short, the appropriate separation between considerations of spousal support and considerations of an equitable distribution of marital wealth prevents a “double dip” by a spouse who seeks and receives encumbered marital property under Code § 20-107.3 and also seeks and receives spousal support under Code § 20-107.1.”

   2 later decisions quote this exact passage
   e.g. 45 Va. App. 229 - Bomar v. Bomar · 59 Va. App. 22 - Driscoll v. Hunter

2. “In fixing the amount of the spousal support award, ... the court’s ruling will not be disturbed on appeal unless there has been a clear abuse of discretion. We will reverse the trial court only when its decision is plainly wrong or without evidence to support it.”

   2 later decisions quote this exact passage
   e.g. 22 Va. App. 557 - Theismann v. Theismann · 24 Va. App. 190 - Moreno v. Moreno

3. “[T]he chancellor considered the monetary award and the required conveyance of the marital home to Mrs. Gamble and “the fact that she will be responsible for both the first and second mortgage payments” on that property in the total monthly amount of $881. The record reflects that the first mortgage payment of $372 monthly was an obligation listed on Mrs. Gamble’s expense sheet that the chancellor considered in determining her obligations and net monthly income under factor one. Thus, the second mortgage payment of $509 monthly, rather than $881, would have been the maximum amount properly considered by the chancellor under factor eight. Moreover, because Mr. Gamble had previously been making this second mortgage payment, the chancellor necessarily had to have considered that fact when making the adjustment to Mrs. Gamble’s monthly expenses under factor one. In short, either Mr. Gamble has less disposable net income than determined by the chancellor because he has not been credited with making the second mortgage payment or Mrs. Gamble has more disposable income than determined by the chancellor because she has been credited with an obligation that she does not have.”

   1 later decision quote this exact passage
   e.g. 52 Va. App. 482 - McKee v. McKee