Moilan v. Moilan’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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The respective ages of the parties, their earning ability, the duration of the marriage and conduct of the parties during the marriage, their station in life, the circumstances and necessities of each, their health and physical condition, their financial circumstances as shown by the property owned at the time, its value at the time, its income-producing capacity, if any, whether accumulated before or after the marriage, and such other matters as may be material.”

   2 later decisions quote this exact passage
   e.g. Feist v. Feist · Schiff v. Schiff

2. ““This court has not adopted the ‘minimalist doctrine’ — one where the only determination is whether the recipient of support is merely ‘self-supporting.’ We have upheld rehabilitative spousal support where the recipient is already working full time. See, e.g., Wiege v. Wiege, 518 N.W.2d 708, 710 (N.D.1994); Wahlberg v. Wahlberg, 479 N.W.2d 143, 145 (N.D.1992); Williams v. Williams, 302 N.W.2d 754, 758 (N.D.1981). In Wahlberg , the husband argued that because the wife was already self-supporting she was not ‘disadvantaged.’ Wahl-berg, at 145. This court stated, ‘[t]he need which evidences that one spouse has been disadvantaged by the divorce and that rehabilitative support is, therefore, appropriate is not limited to the prevention of destitution.’ Id. We have held a spouse is ‘disadvantaged’ who has foregone opportunities or lost advantages as a consequence of the marriage and who has contributed during the marriage to the supporting spouse’s increased earning capacity. Id. We have also stated a valid consideration in awarding spousal support is balancing the burdens created by divorce. Id.””

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

3. “[The husband] has a demonstrated need for additional financial support, and [the wife] has the ability to pay support. [The wife] earns $121,000 annually, nearly four times [the husband’s] $34,000 salary. [The wife] is living in the family home, valued at $180,000; [the husband] is living in a two-bedroom apartment. [The husband] turned down job offers and moved with [the wife] when her educational or career plans dictated, and at times performed the role of stay-at-home dad so [the wife] could pursue her career.”

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