Cohen v. Cohen’s Empirical Analysis
1996
Citation profile
48 state decisions
How this case has been cited
Cited by 51 later decisions — most recently April 2024 · most notably Bender v. Bender (2001), Lee Medical, Inc. v. Paula Beecher (2010)
48 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
Relies on McCarty v. McCarty · 15 Cal. 3d 838 - In Re Marriage of Brown · Krafick v. Krafick · 639 So. 2d 909 - Hemsley v. Hemsley · 78 Ill. App. 3d 653 - In Re Marriage of Hunt
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]o the extent earned during the marriage, the benefits represent compensation for marital effort and are substitutes for current earnings which would have increased the marital standard of living or would have been converted into other assets divisible at dissolution.... [Retirement benefits have been described as part of the consideration earned by an employee, [] and as a form of deferred compensation provided by the employer for work already performed.”
2 later decisions quote this exact passage““Marital property” includes income from, and any increase in value during the marriage of, property determined to be separate property in accordance with subdivision (b)(2) if each party substantially contributed to its preservation and appreciation and the value of vested pension, retirement or other fringe benefit rights accrued during the period of the marriage.”
2 later decisions quote this exact passage“(1) “Though not necessary to our conclusion, we note that courts of other states and our own Court of Appeals are in accord with our conclusion that un-vested retirement benefits accruing during the marriage constitute marital property”; (2) “A spouse who is primarily a homemaker would be seriously disadvantaged by the inability to claim a portion of the retirement benefits that accrued during the course of the marriage”; (3) “Only the portion of retirement benefits accrued during the marriage [is] marital property subject to equitable division”; (4) “We, therefore, conclude that marital property includes retirement benefits, both vested and unvested[,] which accrue during the marriage ”; (5) “An interest in a retirement benefit, vested or unvested, accruing during the marriage, is marital property subject to division under Tennessee Code Annotated Section 36 — 4—121(a)(1).””
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.