Miller v. Miller’s Empirical Analysis

Citation profile

27 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] workers’ compensation disability award is marital property only to the extent that it compensates for loss of earnings during the marriage. To the extent that a workers’ compensation award compensates for loss of post-divorce earnings, it must be considered separate property, even if the compensa-ble injury occurred during the marriage. The policy rationale is obvious: since one spouse has no right to the other spouse’s earnings after the marriage ends, she should have no right to a disability award that is intended as a substitute for those future earnings.”

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

2. “A potentially more serious valuation error is that the superior court did not discount to present value the retirement monies that Monte will receive when he reaches the age of 55. On remand, the parties should ... be required to submit evidence as to the present value of these funds, and the court should rely on the present value in fashioning the property division.”

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

3. “Moreover, there is a presumption that the most equitable division of the [marital] property is an equal division.”). 11 . The Merrill factors include: the ages of the parties, their earning capacity, the duration of the jnarriage, the conduct of the parties during marriage, their”

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