Duff v. Kearns-Duff’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. “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.”

   5 later decisions quote this exact passage
   e.g. Nuveen v. Nuveen · Becker v. Becker

2. ““While Jill Becker has a college education and a Master’s Degree, she has been out of the work force for most of the twenty year marriage. Dr. Becker encouraged her to be home with the children when they were young, but has encouraged her to go back to work in recent years. Jill Becker has some medical concerns which are controlled by medication. The family has been able to develop a successful, profitable business which Jill Becker now owns, which will bring in income to her, but her income will not come close to the income that Dr. Becker earns. “Jill Becker has expressed a desire to obtain a cosmetology certification, which she believes will partially rehabilitate her, but the financial benefit from obtaining the degree does not seem to be significant. “Dr. Becker argues that Jill Becker is capable of earning up to $50,000 as a speech pathologist in addition to the $100,000 or more that he believes she will earn from Spa D’Athena. Even if that were the case, she would be earning $150,000 per year, and he would be earning more than three times that amount. Jill Becker will never be able to match Dr. Becker’s earning capacity. “The Court finds that Jill Becker is a disadvantaged spouse in need of permanent spousal support. The Court also finds that Dr. Becker has the ability to pay permanent spousal support.””

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