Martinez v. Martinez’s Empirical Analysis
1988
Citation profile
12
cited by 12 later decisions
4
states following
March 1998
most recently cited
12 state decisions
Relationships
Applies 26 U.S.C. § 152
Relies on Stern v. Stern · In Re Marriage of Graham · Mahoney v. Mahoney · Jones v. Jones · Acton v. Deliran
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“in addition to traditional alimony and property division. [1] See id. at 78 . In a footnote, the majority emphasized that equitable restitution would not be awarded where the marriage lasted for many years after receipt of the professional degree; in such a case, sufficient assets would be accumulated and an appropriate distribution to the requesting spouse would provide a share of the economic benefits earned as a result of the degree. Id. at 78 n. 10. Equitable restitution, this new animal not to be confused with traditional alimony or property, was described by the Martinez majority as”
1 later decision quote this exact passage · from the majoritye.g. Sorensen v. Sorensen“(a) the standard of living and situation of the parties; (b) the relative wealth and income of the parties; (c) the ability of the obligor to earn; (d) the ability of the obligee to earn; (e) the need of the obligee; (f) the age of the parties; (g) the responsibility of the obligor for the support of others.”
1 later decision quote this exact passagee.g. Ostler v. Ostler“An award of equitable restitution will not terminate upon plaintiff's remarriage, and may be payable in lump sum or periodically over time depending on the circumstances of each case.”
1 later decision quote this exact passagee.g. Martinez v. Martinez
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.