161 N.J. Super. 206 - Harmon v. Harmon’s Empirical Analysis
1978
Citation profile
18
cited by 18 later decisions
8
states following
December 1995
most recently cited
18 state decisions
Relationships
Relies on Rothman v. Rothman · Painter v. Painter · 33 Cal. 2d 315 - Zaragosa v. Craven · 13 Cal. 3d 457 - In Re Marriage of Jones · 81 Wash. 2d 183 - Freehe v. Freehe
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The literal language of the statute ought not limit our inquiry to the time when the compensation is received. The purpose for which the property is received should control. Insurance funds, for example, paid to replace property destroyed by fire would remain the separate property of a spouse if the destroyed property had been owned by the spouse before marriage. So, too, we must look at the purpose for which the compensation was received during the marriage to determine if it is subject to distribution. If we view the recovery here simply as the replacement or restoration, so to speak, of the physical and mental health a spouse brought to the marriage, it is like an exchange for property possessed before the marriage. Under both the common law and community property systems an injured spouse should keep funds which replace assets brought to the marriage.”
3 later decisions quote this exact passage · from the majority“the personal property of the injured spouse only, not subject to distribution”
1 later decision quote this exact passage · from the majority“cited with approval in Kruger v. Kruger, 73 N.J. 464 (1977).”
1 later decision quote this exact passage · from the majority
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.