Berkowitz v. Berkowitz’s Empirical Analysis
1970
Citation profile
37 state decisions
How this case has been cited
Cited by 37 later decisions — most recently May 2016 · most notably Lepis v. Lepis (1980), Petersen v. Petersen (1981)
37 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 Schlemm v. Schlemm · 55 N.J. Super. 273 - Flicker v. Chenitz · Matter of Probate of Will of Petkos · 23 N.J. Super. 409 - Schluter v. Schluter · Flicker v. Chenitz
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Agreements between separated spouses executed voluntarily and understandingly for the purpose of settling the issue of support for the wife and children are specifically enforceable, but only to the extent that they are just and equitable. Schlemm v. Schlemm, 31 N.J. 557 [ 158 A. 2d 508 ] (1960) (support of wife); Equitable Life Assur. Soc. of United Stated v. Huster, 75 N.J. Super. 492 [ 183 A. 2d 473 ] (App.Div. 1962) (support of wife and children). Therefore, the trial court has the discretion to modify the agreement upon a showing of changed circumstances. Flicker v. Chenitz, 55 N.J. Super. 273, 292 [ 150 A. 2d 688 ] (App.Div. 1959), certif. granted, 30 N.J. 152 [ 152 A. 2d 171 ], appeal dismissed by consent, 30 N.J. 566 [ 154 A. 2d 452 ] (1959). Modification is similarly proper when the separation agreement is incorporated in the judgment nisi. Schluter v. Schluter, 23 N.J. Super. 409 [ 93 A. 2d 211 ] (App.Div. 1952). However, when the parties and their attorneys have bargained at arm's length and there is no showing of unfairness, the trial court should not supply terms which the parties obviously considered and yet did not adopt. [ 55 N.J. at 569 , 264 A. 2d 49 ].”
1 later decision quote this exact passage · from the majority
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.