84 Wis. 2d 124 - Bloomer v. Bloomer’s Empirical Analysis
1978
Citation profile
145 state decisions
How this case has been cited
Cited by 147 later decisions — most recently June 2019 · most notably 208 Wis. 2d 166 - In RE MARRIAGE OF COOK v. Cook (1997), Krafick v. Krafick (1995)
145 state decisions — followed in 17 states
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
Relies on 15 Cal. 3d 838 - In Re Marriage of Brown · 81 Wis. 2d 620 - Leighton v. Leighton · 5 Wash. App. 741 - DeRevere v. DeRevere · 21 Wis. 2d 54 - Kronforst v. Kronforst · 41 Wis. 2d 435 - Dees v. Dees
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 147 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““First, the trial court could consider the amount of [the husband’s] contributions to the fund, plus interest, and award [the wife] an appropriate share .... Second, the trial court could attempt to calculate the present value of [the husband’s] retirement benefits when they vest under the plan. Under this approach, the benefits payable in the future would have to be discounted for interest in the future, for mortality .. . and for vesting .... The benefits would then have to be calculated with respect to [the husband’s] life expectancy as a retiree. This calculation involves considerable uncertainty, and the amount yielded changes as different assumptions are used with respect to mortality, job turn-over, etc. ... It has been recognized that this kind of calculation can be very difficult and that, where it becomes too speculative, the trial court should use a different method of valuation... . Under either of the above two methods, the trial court would have the discretion to order the payment to [the wife] of her share in either a lump sum or in installments, depending primarily on the other assets and relative financial positions of the parties. The third method, which has been used widely ... is to determine a fixed percentage for [the wife] of any future payments [the husband] received under the plan, payable to her as, if, and when paid to [the husband] .... Under this approach, of course, it is unnecessary to determine the value of the pension fund at all. The court ne”
4 later decisions quote this exact passage“[t]he problem of valuing prospective benefits under a pension plan is frequently exacerbated by the fact that unmatured rights may be terminated by death, discharge, or other contingencies. Valuation is further complicated by the dual nature of most pension plans. If the employee continues to work until retirement, the payments to the employee, to the extent derived from employer’s contributions, are in the nature of deferred compensation. If, however, the employee terminates work before retirement age, the usual plan provides at least for the return of employee contributions, [(citations omitted).]”
3 later decisions quote this exact passage“is in the forefront of the common-law-property states recognizing the rights of the non-employee spouse [in the pension].”
2 later decisions 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.