2014 Ark. App. 340 - Smithson v. Smithson’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A review of the overall distribution here evidences that appellant was awarded $10,000 cash from the nonmarital home’s equity, appellant was awarded her marital portion of appellee’s retirement and investment accounts, she was relieved of significant marital debt, appellee was ordered to pay half of appellant’s accrued rental indebtedness and $2000 of appellant’s attorney fees," and both parties were relatively young and "were married a relatively short period of time. Rectification of economic imbalances is not necessarily appropriate when the marriage relationship did not influence the imbalances in earning capacity. Evtimov v. Milanova, 2009 Ark. App. 208 , 300 S.W.3d 110 . That appellee came into the marriage, and left the marriage, with significantly greater earning capacity does not automatically equate to a long-term sizable alimony award. An award of alimony, if one is. awarded at all, is measured by the particular facts and circumstances of the parties before the trial court. We are not to substitute our judgment for that of the trial court; we are- to determine only whether the alimony decision is reasonable under the circumstances. Whitworth v. Whitworth, 2009 Ark. App. 410 , 319 S.W.3d 269 . On the record presented for our de novo review, we are not left with a distinct and firm impression that a mistake was made in the award of alimony.”

   1 later decision quote this exact passage
   e.g. Hays v. Hays

2. “Among [the factors] are the financial circumstances of both parties, the financial needs and obligations of both the couple’s past standard of living, the value of jointly owned property, the amount and nature of the income, both current and anticipated, of both husband and wife, the extent and nature of the resources and assets of each that is “spendable,” the amounts which, after entry of the decree, will be available to each of the parties for the payment of living expenses, the earning ability and capacity of both husband and wife, property awarded or given to one of-the parties, either by the court or the other party, the disposition made of the homestead or jointly owned property, the condition of health and medical needs of both husband and wife, the relative fault of the parties and their conduct, both before and after separation, in relation to the marital status, to each other and to the property of one or the other or both, the duration of the marriage and even the amount of child support.”

   1 later decision quote this exact passage
   e.g. Hays v. Hays