Maxwell v. Maxwell’s Empirical Analysis
1990
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently June 2019
14 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 10 U.S.C. § 1408
Relies on McCarty v. McCarty · Mansell v. Mansell · Wise v. Kaiser · 42 Cal. 3d 131 - Casas v. Thompson · 178 W. Va. 33 - Butcher v. Butcher
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A fair reading shows that the act grants states the authority to treat all disposable retired pay as marital property, but limits direct government payments to former spouses to 50 percent of disposable retired pay (65 percent for multiple court orders). That means that a state court wishing to award a former spouse more than 50 percent of disposable retired pay must order direct government payments and payments by the member of the military to the spouse.”
2 later decisions quote this exact passage“While a property settlement agreement is not binding upon a [district] court in a divorce action, such agreement should be respected and given considerable weight in the [district] court's determination of an equitable division of property.”
2 later decisions quote this exact passage“a direct payment mechanism which authorize[d] the appropriate military financial center to pay directly to former military spouses who qualify under the [USFSPA], the court ordered apportioned share of a former spouse's retirement benefits.”
1 later decision quote this exact passage
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.