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← 2009 WIAPP 90 - Heppner v. Heppner

Heppner v. Heppner’s Empirical Analysis

2009

Citation profile

4
cited by 4 later decisions
1
states following
May 2013
most recently cited

4 state decisions

Relationships

Relies on 208 Wis. 2d 166 - In RE MARRIAGE OF COOK v. Cook · 139 Wis. 2d 23 - In Re Marriage of LaRocque · 107 Wis. 2d 72 - Bahr v. Bahr · Marriage of Rohde-Giovanni v. Baumgart · 142 Wis. 2d 7 - In RE MARRIAGE OF CHEN v. Chen

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. “[t]he payment of maintenance is not to be viewed as a permanent annuity.”
    2 later decisions quote this exact passage
  2. “Upon a judgment of annulment, divorce, or legal separation, or in rendering a judgment in an action under s. 767.001(l)(g) or (j), the court may grant an order requiring maintenance payments to either party for a limited or indefinite length of time after considering: (1) The length of the marriage. (2) The age and physical and emotional health of the parties. (3) The division of property made under s. 767.61. (4) The educational level of each party at the time of marriage and at the time the action is commenced. (5) The earning capacity of the party seeking maintenance, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment. (6) The feasibility that the party seeking maintenance can become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and, if so, the length of time necessary to achieve this goal. (7) The tax consequences to each party. (8) Any mutual agreement made by the parties before or during the marriage, according to the terms of which one party has made financial or service contributions to the other with the expectation of reciprocation or other compensation in the future, if the repayment has not been made, or any mutual agreement made by the parties before or during the marriage conc”
    1 later decision quote this exact passage
  3. “"Fairness" has a special meaning under the law of maintenance: "[the court of appeals] believe[s] that a reasonable maintenance award is measured ... by the lifestyle that the parties enjoyed in the years immediately before the divorce and could anticipate enjoying if they were to stay married." Thus, the recipient spouse is entitled, assuming that the payor spouse's income permits it, to enjoy his or her life at the standard that he or she could anticipate enjoying "but for the divorce."”
    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.