Daniel v. Daniel’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Periodic alimony . . . `is an allowance for the future support of the [recipient spouse] payable from the current earnings of the [paying spouse].' Hager v. Hager , 293 Ala. [47,] 55, 299 So.2d [743 ,] 750 [(1974)]. . . . Periodic alimony is modifiable based upon changes in the *Page 801 parties' financial conditions or needs, such as an increase in the need of the recipient spouse, a decrease in the income of the paying spouse, or an increase in the income of the recipient spouse. See Tibbetts v. Tibbetts , 762 So.2d 856 , 858 (Ala.Civ.App. 1999). The paying spouse's duty to pay periodic alimony may be terminated by petition and proof that the recipient spouse has remarried or is cohabiting with a member of the opposite sex. Ala. Code 1975, § 30-2-55 ."”

   2 later decisions quote this exact passage
   e.g. 47 So. 3d 262 - Miller v. Miller · 979 So. 2d 798 - Bray v. Bray

2. ““Our supreme court has explained the difference between periodic alimony and alimony in gross. Hager v. Hager, 293 Ala. 47 , 299 So.2d 743 (1974). Alimony in gross is considered ‘compensation for the [recipient spouse’s] inchoate marital rights [and] ... may also represent a division of the fruits of the marriage where liquidation of a couple’s jointly owned assets is not practicable.’ Hager v. Hager, 293 Ala. at 54 , 299 So.2d at 749 . An alimony-in-gross award ‘must satisfy two requirements, (1) the time of payment and the amount must be certain, and (2) the right to alimony must be vested.’ Cheek v. Cheek, 500 So.2d 17, 18 (Ala.Civ.App.1986). It must also be payable out of the present estate of the paying spouse as that estate exists at the time of the divorce. Hager v. Hager, 293 Ala. at 55 , 299 So.2d at 750 . In other words, alimony in gross is a form of property settlement. Hager v. Hager, 293 Ala. at 54 , 299 So.2d at 749 . An alimony-in-gross award is generally not modifiable. Id. “Periodic alimony, on the other hand, ‘is an allowance for the future support of the [recipient spouse] payable from the current earnings of the [paying spouse].’ Hager v. Hager, 293 Ala. at 55 , 299 So.2d at 750 . Its purpose ... ‘is to support the former dependent spouse and to enable that spouse, to the extent possible, to maintain the status that the parties had enjoyed during the marriage, until the spouse is self-supporting or maintaining a status similar to the one enjoyed during the”

   1 later decision quote this exact passage
   e.g. 76 So. 3d 824 - Lori Hood v. Scott Hood.

3. “Alimony in gross is considered `compensation for the [recipient spouse's] inchoate marital rights [and] . . . may also represent a division of the fruits of the marriage where liquidation of a couple's jointly owned assets is not practicable.'”

   1 later decision quote this exact passage
   e.g. 964 So. 2d 678 - Cunningham v. Cunningham