LoPiccolo v. LoPiccolo’s Empirical Analysis

Citation profile

38 state decisions

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

1. ““If the evidence indicates that the dependent spouse’s financial prospects will not improve dramatically in the future and the means of the spouse providing maintenance are not likely to decrease in the future, the trial court abuses its discretion when it speculates that the original maintenance award will no longer be required in the future. In Re Marriage of Powers, supra at 955. Maintenance should not be prospectively decreased or terminated if there is no evidence or reasonable expectation that the circumstances of the parties will be markedly different in [the] future.””

   1 later decision quote this exact passage
   e.g. In Re Marriage of Cornell

2. “The ‘earning capacity’ of a spouse is an illusory financial resource if the evidence does not justify a conclusion that the spouse can realize such ‘earning capacity.’ (citing case) The court is not restricted to a consideration of present earnings and can consider prior earning capacity and probable future prospects, but the evidence must justify the inference that the spouse will realize such expectations, (citing case) A future income source should not be considered if the amount of the future income is speculative.”

   1 later decision quote this exact passage
   e.g. Wessel v. Wessel

3. “is unable to support [herself] through appropriate employment . . . .”

   1 later decision quote this exact passage
   e.g. W v. W