964 So. 2d 663 - Smith v. Smith’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[T]he record reflects that [Mr. Smith]’s Snecma 401k Savings Plan, his Snecma Retirement Account Plan, and his TRW account all contained some retirement benefits acquired before the parties’ marriage. Except for the Snecma 401k Savings Plan, which had a value of approximately $8,000 when the parties married, [Mrs. Smith] presented no evidence of the value of the retirement benefits in [Mr. Smith]’s retirement accounts when the parties[ ] married, i.e., the value of the retirement benefits acquired before the marriage. See Ala. Code 1975, § 30-2-51(b)(2). Also, as to the Snecma 401k Savings Plan, the Snecma Retirement Account Plan, and the TRW account, [Mrs. Smith] presented no evidence of the interest or appreciation on the premarriage benefits that accrued after the date of the parties[’] marriage. See id. Furthermore, as to the Snecma 401k Savings Plan and the Snecma Retirement Account Plan, which [Mr. Smith] and his employer continued to contribute to after the complaint for divorce was filed, [Mrs. Smith] presented no evidence of the value of the retirement benefits in those accounts in which [Mr. Smith] had a vested interest ‘on the date the action for divorce [was] filed’; as to those accounts the only evidence of the value that [Mr. Smith] had a vested interest in was the value at the time of trial or a few months before trial. In other words, the [Houston] [C]ircuit [C]ourt’s retirement-benefits award contains premarriage retirement benefits, and income and appreciat”

   1 later decision quote this exact passage
   e.g. Hill v. Hill

2. ““[In response to Mr. Robicheaux’s argument, Mrs. Robicheaux] argues that the [prepositional phrase ‘on the date the action for divorce is filed’ in] subsection (b) does not modify ‘present value,’ but instead modifies the phrases ‘may have a vested interest in’ and ‘may be receiving.’ We agree. Subsection (b) requires that, for a trial judge to consider including retirement benefits in the estate of a spouse, the spouse must, at the time the divorce was filed, either have been receiving those benefits or have had a vested interest in them. The statute does not indicate when the 'present value of the retirement benefits is to be determined. Therefore, the trial court did not err by valuing the husband’s retirement benefits as of the date of the divorce.””

   1 later decision quote this exact passage
   e.g. Hill v. Hill