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← 883 P.2d 397 - Foster v. Foster

Foster v. Foster’s Empirical Analysis

1994

Citation profile

18
cited by 18 later decisions
2
states following
March 2021
most recently cited

18 state decisions

How this case has been cited

Cited by 18 later decisions — most recently March 2021

18 state decisions

801994200020102020decided

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 43 U.S.C. § 1617 (Alaska Native Allotment Subdivision Act) · 43 U.S.C. § 270

Relies on Ogard v. Ogard · Laing v. Laing · United States v. Atlantic Richfield Co. · Hartland v. Hartland · United States v. Atlantic Richfield Co.

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

  1. “[TJhe court can 'recapture' the asset by giving it an earlier valuation date and crediting all or part of it to the account of the party who controlled the asset.”
    2 later decisions quote this exact passage
  2. “(a) In a judgment in an action for divorce ... the court may provide [[Image here]] (4) for the division between the parties of their property, including retirement benefits, whether joint or separate, acquired only during marriage, in a just manner and without regard to which of the parties is in fault; however, the court, in making the division, may invade the properly, including retirement benefits, of either spouse acquired before marriage when the balancing of the equities between the parties requires it; and to accomplish this end the judgment may require that one or both of the parties assign, deliver, or convey any of their real or personal property, including retirement benefits, to the other party; the division of property must fairly allocate the economic effect of divorce by being based on consideration of the following factors: (A) the length of the marriage and station in life of the parties during the marriage; (B) the age and health of the parties; (C) the earning capacity of the parties, including their educational backgrounds, training, employment skills, work experiences, length of absence from the job market, and custodial responsibilities for children during the marriage; (D) the financial condition of the parties, including the availability and cost of health insurance; (E) the conduct of the parties, including whether there has been unreasonable depletion of marital assets; (F) the desirability of awarding the family home, or the right to live in it for”
    1 later decision quote this exact passage
  3. “erred ... in 'recapturing' the payments which had been made to and spent ... before trial without making findings that circumstances existed which warranted their recapture.”
    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.