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← 405 So. 2d 31 - Hicks v. Hicks

405 So. 2d 31 - Hicks v. Hicks’s Empirical Analysis

1981

Citation profile

23
cited by 23 later decisions
2
states following
October 2010
most recently cited

23 state decisions

How this case has been cited

Cited by 23 later decisions — most recently October 2010

23 state decisions

1101981199020002010decided

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 392 So. 2d 1177 - Cougar Min. Co. v. MINERAL LAND & MIN. CONSULT. INC. · Montgomery v. Montgomery · Trans-Continental Mutual Insurance Co. v. Harrison · Hunt v. Hunt · 374 So. 2d 348 - Parish v. Parish

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

  1. “Any decree of divorce providing for periodic payments of alimony shall be modified by the court to provide for the termination of such alimony upon petition of a party to the decree and proof that the spouse receiving such alimony has remarried or that such spouse is living openly or cohabiting with a member of the opposite sex. This provision shall be applicable to any person granted a decree of divorce either prior to April 28, 1978, or thereafter; provided, however, that no payments of alimony already received shall have to be reimbursed.”
    7 later decisions quote this exact passage
  2. “[C]ohabitation requires some permanency of relationship coupled with more than occasional sexual activity between the cohabitants.”
    6 later decisions quote this exact passage
  3. “"Based upon the foregoing authorities and common usage, it is apparent that cohabitation requires some permanency of relationship coupled with more than occasional sexual activity between the cohabitants. In previous cases before this court in which alimony has been terminated pursuant to § 30-2-55 , this permanency of relationship has manifested itself by the former spouse sharing a dwelling with a member of the opposite sex. Blackwell v. Blackwell , 383 So.2d 196 (Ala.Civ.App. 1980); Ivey v. Ivey , 378 So.2d 1151 (Ala.Civ.App. 1979); Parish v. Parish , 374 So.2d 348 (Ala.Civ.App. 1979); cert. denied , 374 So.2d 351 (Ala. 1979); Atkinson v. Atkinson , 372 So.2d 1106 (Ala.Civ.App. 1979). Other factors, previously considered by this court, which indicate a permanency of relationship include ceasing to date other members of the opposite sex, Atkinson v. Atkinson, supra; payment of the former spouse's creditors by a member of the opposite sex, Parish v. Parish, supra; and purchase of clothes for the former spouse by a member of the opposite sex, Parish v. Parish, supra. None of the factors indicating a permanency of relationship are present in this case. "The facts in the instant case are more similar to those before the court in Jones v. Jones , 387 So.2d 217 (Ala.Civ.App.), cert denied , 387 So.2d 219 (Ala. 1980). In Jones , the ex wife and her male friend did not share a common dwelling though he was a frequent visitor and often stayed overnight. The male friend did not contr”
    1 later decision 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.