339 Pa. Super. 185 - Braderman v. Braderman’s Empirical Analysis
1985
Citation profile
134 state decisions
How this case has been cited
Cited by 136 later decisions — most recently August 2019 · most notably 366 Pa. Super. 19 - DeMasi v. DeMasi (1987), 586 So. 2d 118 - Hare v. Hodgins (1991)
134 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
Relies on 15 Cal. 3d 838 - In Re Marriage of Brown · Deering v. Deering · Stern v. Stern · 84 Wis. 2d 124 - Bloomer v. Bloomer · 316 Pa. Super. 282 - Ruth v. Ruth
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 136 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although an immediate offset is preferred, this method is impractical where the parties do not possess enough assets to offset the pension award. When the value of the employee-spouse’s pension far exceeds the value of the other marital property, the deferred distribution method must be used.”
5 later decisions quote this exact passage“One method, the immediate offset method, divides the benefits at the time the equitable distribution order is entered by assigning a present value to them---- As we stated above, only those benefits attributable to the period commencing with the marriage and ending on the date of separation are marital property____ The present value must be multiplied by the “coverture” fraction to reach the present value of the entitlement which was acquired during the marriage____ Next, the court must determine how the sum available for equitable distribution should be apportioned between the spouses according to the Divorce Code. After determining the non-employee spouse’s interest in the benefits, the court awards these benefits to the employee spouse and offsets this by distributing other marital property or by ordering payment to the non-employee spouse. The second method is labeled the deferred distribution or reserved jurisdiction method, since the court retains jurisdiction and apportions the benefits when they enter pay status or mature. Under this method, present value figures are not used. Rather, the “coverture” fraction is applied to the benefits when they enter pay status since there are too many variables projected into the future.”
3 later decisions quote this exact passage“An abuse of discretion is not found lightly, but only upon a showing of clear and convincing evidence. As a result, under the abuse of discretion standard, we do not usurp the trial court’s duty as fact finder; rather, we carefully scrutinize each of the guidelines to determine whether the lower court has abused its discretion. Ruth, supra. However, an abuse of discretion will be found by this court if the trial court failed to follow proper legal procedures or misapplied the law. Banks v. Banks, 275 Pa.Super. 439 , 418 A.2d 1370 (1980).”
2 later decisions 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.