397 Pa. Super. 421 - Cornbleth v. Cornbleth’s Empirical Analysis
1990
Citation profile
71 state decisions
How this case has been cited
Cited by 71 later decisions — most recently June 2021 · most notably 211 Ill. 2d 437 - In Re Marriage of Crook (2004), 412 Pa. Super. 398 - Endy v. Endy (1992)
71 state decisions — followed in 16 states
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
Applies 5 U.S.C. § 8345 · 5 U.S.C. § 8349
Relies on 339 Pa. Super. 185 - Braderman v. Braderman · 366 Pa. Super. 19 - DeMasi v. DeMasi · 375 Pa. Super. 382 - Lowry v. Lowry
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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... it will be necessary to compute the present value of a Social Security benefit had the [public employee] been participating in the Social Security system. This present value should then be deducted from the present value of the [public] pension at which time a figure for the marital portion of the pension could be derived and included in the marital estate for distribution purposes. This process should result in equating, as near as possible, the two classes of individuals for equitable distribution purposes.”
9 later decisions quote this exact passage“One of our goals with regard to equitable distribution must be to treat different individuals with differing circumstances in a fashion so as to equate them to one another as nearly as possible, thus, eliminating a bias in favor of, or against, a class of individuals. To the extent individuals with Social Security benefits enjoy an exemption of that “asset” from equitable distribution we believe those individuals participating in the CSRS must, likewise, be so positioned. Consider for example an individual being divorced at approximately age fifty. Assuming a normal work history, that person will likely have accrued a substantial pension as well as a right to Social Security. When the pension is divided in equitable distribution there will be a diminution of the expected retirement income. However, the presence of Social Security will help offset the diminution.”
2 later decisions quote this exact passage“However, although, as aptly demonstrated by the trial court, there is no federal preemption obstacle in the way of considering appellant’s pension a marital asset, this is only one part of the required analysis. There still remains a need to determine whether the pension should be considered a marital asset under the governing theories of our domestic relations law. In this respect, we have no difficulty in concluding that to the extent appellant’s pension is similar to that of a conventional pension the portion of appellant’s pension fairly characterized as the equivalent of a conventional pension should be included in the marital estate. However, to the extent part of the pension might figuratively be considered ‘in lieu of a Social Security benefit we believe that portion should be exempted from the marital estate.”
1 later decision quote this exact passagee.g. McClain v. McClain
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.