178 W. Va. 33 - Butcher v. Butcher’s Empirical Analysis
1987
Citation profile
53 state decisions
How this case has been cited
Cited by 53 later decisions — most recently February 2012 · most notably Bender v. Bender (2001), 178 W. Va. 563 - Cross v. Cross (1987)
53 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
Applies 10 U.S.C. § 1408 · 26 U.S.C. § 414 (§ 1015 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1056 (§ 206 of the Employee Retirement Income Security Act of 1974) · 42 U.S.C. § 659 (§ 459 of the Social Security Act of 1935) · 5 U.S.C. § 8331 (Capitol Police Retirement Act)
Relies on McCarty v. McCarty · 15 Cal. 3d 838 - In Re Marriage of Brown · Kissinger v. Halperin · United States v. American College of Physicians · Allied Corp. v. District 17, United Mine Workers
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Where an equitable distribution claim is made on a military retirement pension, courts have utilized their general law on equitable distribution of property, and have also applied what may be termed the ‘coverture factor’ to determine the nonmilitary spouse’s share. This factor is applied once the initial marital share is determined and consists of the ratio of the number of years the parties have been married while the service person has been in the military to the total number of years of military service.””
4 later decisions quote this exact passage“[t]he distribution of marital property to be made under the terms of a separation agreement or by the court[.]”
2 later decisions quote this exact passage“(1) All property and earnings acquired by either spouse during a marriage, including every valuable right and interest, corporeal or incorporeal, tangible or intangible, real or personal, regardless of the form of ownership, whether legal or beneficial, whether individually held, held in trust by a third party or whether held by the parties to the marriage in some form of • co-ownership such as joint tenancy or tenancy in common, joint tenancy with the right of survivorship, or any other form of shared ownership recognized in other jurisdictions without this state, except that marital property shall not include separate property as defined in subsection (4) of this section. [Emphasis added]”
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.