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← 511 A2D 961 - Stevenson v. Stevenson

Stevenson v. Stevenson’s Empirical Analysis

1986

Citation profile

19
cited by 19 later decisions
4
states following
July 2014
most recently cited

17 state decisions

How this case has been cited

Cited by 19 later decisions — most recently July 2014

17 state decisions

1101986199020002010decided

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 · Van Loan v. Van Loan · Johnson v. Johnson · Kuchta v. Kuchta · Kikkert v. Kikkert

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

  1. “"The law in other equitable-distribution and community-property jurisdictions and the scholarly literature exploring this issue reveals nearly unanimous support for the proposition that pension funds are marital property. See, e.g., Johnson v. Johnson, 131 Ariz. 38 , 638 P.2d 705 (1981); Van Loan v. Van Loan, 116 Ariz. 272 , 569 P.2d 214 (1977); In re Marriage of Brown, 15 Cal.3d 838 , 126 Cal.Rptr. 633 , 544 P.2d 561 (1976); Kuchta v. Kuchta, 636 S.W.2d 663 (Mo. 1982); Kullbom v. Kullbom, 209 Neb. 145 , 306 N.W.2d 844 (1981); Kikkert v. Kikkert, 88 N.J. 4 , 438 A.2d 317 (1981); Kruger v. Kruger, 73 N.J. 464 , 375 A.2d 659 (1977). Troyan, Pension Evaluation and Equitable Distribution 10 Fam. L. Rptr. (BNA) 3001 (Nov. 22, 1983). (For a general overview of this issue, see Annot. 94 A.L.R.3d 176 (1979) and cases there cited.) The majority of authorities have rejected arguments that a pension fund is a mere expectancy or gratuity, especially in cases such as this, where the pension fund is contributory and fully vested. Rather, the consensus is that a pension represents delayed compensation for work performed over the course of the marriage; as such it is a `chose in action' or an enforceable contract right and therefore a form of property. One treatise explains the rationale in the weight of authority as follows: `To the extent earned during the marriage, the benefits represent compensation for marital effort and are substitutes for current earnings which would have increased th”
    6 later decisions quote this exact passage
  2. “The courts now recognize that marriage is, among other things, an economic partnership between two people striving to make a better life for themselves.”
    1 later decision quote this exact passage
  3. “forced savings account whose funds will become available to the parties upon retirement.”
    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.