Shown v. Shown’s Empirical Analysis
2007
Citation profile
3 state decisions
Relationships
Applies 26 U.S.C. § 401 (Self-Employed Individuals Tax Retirement Act of 1962) · 26 U.S.C. § 408 (§ 2002 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1002 (§ 3 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1003 (§ 4 of the Employee Retirement Income Security Act of 1974) · 42 U.S.C. § 407 (§ 207 of the Social Security Act of 1935)
Relies on Garratt v. Walker · Commonwealth v. Phon · Commonwealth, Department of Banking & Securities v. Brown · Wheeler & Clevenger Oil Co. v. Washburn · Waggoner v. Waggoner
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(4) If the retirement benefits of one spouse are excepted from classification as marital property, or not considered as an economic circumstance during the division of marital property, then the retirement benefits of the other spouse shall also be excepted, or not considered, as the case may be. However, the level of exception provided to the spouse with the greater retirement benefit shall not exceed the level of exception provided to the other spouse.”
2 later decisions quote this exact passage · from the majoritye.g. Brooks v. Brooks · Shown v. Shown“(3) Retirement allowance, disability allowance, accumulated contributions, or any other benefit under the retirement system shall not be classified as marital property pursuant to KRS 403.190(1), except to the extent permitted under KRS 403.190(4). Retirement allowance, disability allowance, accumulated contributions, or any other benefit under the retirement system shall not be considered as an economic circumstance during the division of marital property in an action for dissolution of marriage pursuant to KRS 403.190(1)(d), except to the extent permitted under KRS 403.190(4).”
1 later decision quote this exact passage · from the majoritye.g. Brooks v. Brooks“[u]nless specifically exempt by statute, Kentucky treats all retirement benefits accumulated during the marriage as marital property subject to classification and division upon divorce.”
1 later decision quote this exact passage · from the majoritye.g. Brooks v. Brooks
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.