173 N.J. Super. 130 - Weir v. Weir’s Empirical Analysis
1980
Citation profile
42 state decisions
How this case has been cited
Cited by 45 later decisions — most recently July 2014 · most notably Gibbons v. Gibbons (1981), Deering v. Deering (1981)
42 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 15 Cal. 3d 838 - In Re Marriage of Brown · Rothman v. Rothman · 17 Cal. 2d 775 - French v. French · 131 N.J. Super. 72 - Di Tolvo v. Di Tolvo · Kruger v. Kruger
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The dominant trend in this area of the law ... rejects such distinctions between pension benefits when making the threshold determination of whether a retirement plan constitutes marital property and postpones consideration of the possibly contingent nature of such rights until valuing the asset or apportioning the marital property between the parties. As was cogently noted by the court in Weir: [t]he fact is that the concept of vesting, though embodied in the [retirement] plan document itself, really has little meaning from the standpoint of the ultimate decision which must be made under [the marital property act]. Our equitable distribution statute requires that property ... acquired during marriage ... be subject to equitable distribution upon divorce. There is no requirement of vesting. In the final analysis, one must determine whether a property right has been acquired during the marriage and whether equity warrants its inclusion in the material estate in light of its limitations. If deemed includable, the court must mold its judgment to assure a fair allocation of that right.”
1 later decision quote this exact passagee.g. Barbour v. Barbour“[T]he fact is that the concept of vesting, though embodied in the [retirement] plan document itself, really has little meaning from the standpoint of the ultimate decision which must be made under [the marital property act]. Our equitable distribution statute requires that property . . . acquired during marriage . . . be subject to equitable distribution upon divorce. There is no requirement of vesting.”
1 later decision quote this exact passage“[t]he susceptibility of an income interest to equitable distribution”
1 later decision quote this exact passage
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.