Cose v. Cose’s Empirical Analysis
1979
Citation profile
22 state decisions
Relationships
Applies 10 U.S.C. § 1434 · 10 U.S.C. § 3911 · 26 U.S.C. § 61 (Payment-in-Kind Tax Treatment Act of 1983) · 42 U.S.C. § 659 (§ 459 of the Social Security Act of 1935)
Relies on Hisquierdo v. Hisquierdo · Free v. Bland · Bruce v. United States · Wissner v. Wissner · 10 Cal. 3d 592 - In Re Marriage of Fithian
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"... In the passage of the law setting up this plan, provisions which would have protected ex-wives were stricken from the law before its passage. 118 Cong. Rec.S. 29810-12 (1972). In this respect Congress purposefully excluded ex-wives from benefitting under the plan. One searches the statutes in vain for any indication that Congress has ever treated retired pay as property or has intended retired pay to be divisible upon divorce." 592 P.2d at 1232 .”
4 later decisions quote this exact passagee.g. Linson v. Linson · Monsma v. Monsma“As a matter of state law it is clear that retirement pay must be considered in dividing marital property. AS 09.55.210(6) requires that property acquired during marriage be divided “in the manner as may be just” and in so deciding we have consistently required consideration of the financial circumstances of each party. E. g. Merrill v. Merrill, 368 P.2d 546 , 547-48 n. 4 (Alaska 1962); Malone v. Malone, 587 P.2d 1167 (Alaska 1978). Often the major asset of a retired military family is the husband’s retirement pay. To award that to the husband and divide the remaining assets between husband and wife as if the retirement benefit did not exist is to ignore the husband’s financial circumstances. It is also plainly unfair to the wife.”
1 later decision quote this exact passage · from the concurrence““This Constitution, and the Laws of the United States which shall be made in Pursuance thereof... shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.””
1 later decision quote this exact passage · from the concurrencee.g. Hill v. Hill
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.