4 Va. App. 113 - Mitchell v. Mitchell’s Empirical Analysis
1987
Citation profile
65 state decisions
How this case has been cited
Cited by 65 later decisions — most recently January 2015 · most notably 14 Va. App. 558 - Gamble v. Gamble (1992), 4 Va. App. 610 - Bowers v. Bowers (1987)
65 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 1 Va. App. 118 - Parra v. Parra · Washington v. Commonwealth · Morris v. Morris · 1 Va. App. 75 - Sawyer v. Sawyer · 2 Va. App. 463 - McLaughlin v. McLaughlin
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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[s]uch other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award.”
3 later decisions quote this exact passage“In the event that any part of the monetary award is based upon pension or retirement benefits, Code § 20-107.3(G) provides a limitation upon the method of payment. It places two restrictions upon payment: (1) no part of the award shall become effective until the party against whom such award is made actually begins to receive such benefits; and (2) no such award shall exceed fifty percent of the cash benefits actually received by the party against whom such award is made. The practical effect of subsection (G) is that the trial judge must specify separately any part of the monetary award that is based upon pension or retirement benefits and make special provisions for the payment of it in order to conform with [these] restrictions. We find that [wife's] argument that the trial court could include as a part of the monetary award the present value of pension or retirement benefits without applying the restrictions on payment in subsection (G) to be in error and we reverse the judgment of the trial court since it ordered payment within thirty days of the order rather than when the [husband] actually began to receive such benefits.”
2 later decisions quote this exact passage“No part of any monetary award based upon the value of pension or retirement benefits, whether vested or nonvested, shall become effective until the party against whom such award is made actually begins to receive such benefits. No such award shall exceed fifty percent of the cash benefits actually received by the party against whom such award is made.”
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.