Powell v. Powell’s Empirical Analysis

Citation profile

92 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 96 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"We are not persuaded that the concept of professional goodwill as a divisible marital asset should be adopted in Wisconsin. We are not obligated nor inclined to follow the twisted and illogical path that other jurisdictions have made in dealing with this concept in the context of divorce. The concept of professional goodwill evanesces when one attempts to distinguish it from future earning capacity. Although a professional business's good reputation, which is essentially what its goodwill consists of, is certainly a thing of value, we do not believe that it bestows on those who have an ownership interest in the business, an actual, separate property interest. The reputation of a law firm or some other professional business is valuable to its individual owners to the extent that it assures continued substantial earnings in the future. It cannot be separately sold or pledged by the individual owners. The goodwill or reputation of such a business accrues to the benefit of the owners only through increased salary. . . . . . Like an educational degree, a partner's theoretical share of a law firm's goodwill cannot be exchanged on an open market; it cannot be assigned, sold, transferred, conveyed or pledged. Although we recognize the factual distinction between a degree-holder and a partner or shareholder in a law firm, we think the similarities compel analogous treatment in a divorce setting. In both cases, the `assets' involved is not salable and has computable value to the indiv”

   4 later decisions quote this exact passage · from the majority
   e.g. Yoon v. Yoon · 478 So. 2d 532 - Depner v. Depner

2. “It attaches to the person of the professional man or woman as a result of confidence in his or her skill and ability, (cite omitted) It does not possess value or constitute an asset separate and apart from the professional’s person, or from his individual ability to practice his profession. It would be extinguished in the event of the professional’s death, retirement or disablement, (cite omitted)”

   2 later decisions quote this exact passage · from the majority
   e.g. Dickert v. Dickert · Taylor v. Taylor

3. ““[T]he judicial considerations regarding alimony are well settled. They were capsulized in Williams v. Williams, 219 Kan. 303, 306 , 548 P.2d 794 (1976): ‘Fault is but one element which may be considered in fixing alimony. Other matters which may be considered include the age of the parties, their present and prospective earning capacities, the length of the marriage, the property owned by them [citation omitted], the parties’ needs [citation omitted], the time, source and manner of acquisition of property, the family ties and obligations [citation omitted], and the parties’ overall financial situation [citation omitted]. There is no fixed rule on the subject and the district court in a divorce action is vested with wide discretion in adjusting the financial obligations of the parties. Thus, its exercise of that discretion will not be disturbed on appeal in the absence of a showing of clear abuse.’ See also Parish v. Parish, 220 Kan. at 134 .””

   1 later decision quote this exact passage · from the majority
   e.g. 16 Kan. App. 2d 668 - In Re the Marriage of Sedbrook