Idaho Supreme Court· 10/7/1981
Cook v. Cook
Citations
- 637 P.2d 799
- 102 Idaho 651
- 1981 Ida. LEXIS 393
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- if the award compensated for loss of earnings during the marriage, the award is community property; otherwise it is not
- if the award compensated for loss of earnings during the marriage, the award is community property; otherwise it is not
- worker's compensation benefits paid after dissolution of marriage for injuries received during marriage are separate property of the injured spouse to the extent they compensate the injured spouse for loss of post-dissolution earnings
- lower court erred in treating the defendant's right to receive future workmen's compensation benefits as community property because benefits beyond an amount attributable to lost earning power during the marriage constitute the separate property of the injured spouse
- lower court erred in treating the defendant’s right to receive future workmen’s compensation benefits as community property because benefits beyond an amount attributable to lost earning power during the marriage constitute the separate property of the injured spouse
- \The dispositive question in classifying workmen's compensation benefits as [marital] or separate property . . . is . . . to what extent the award compensates for loss of earning capacity during marriage.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Bakes, Bistline, Shepard, McFadden, Donaldson
Read full opinion on CourtListenerCited by
17 cases in this archive cite this case.
- Van De Loo v. Van De LooCourt of Appeals of Minnesota· 1984-03-14· cited 81×
- Unkle v. UnkleCourt of Appeals of Maryland· 1986-03-12· cited 71×
- Weisfeld v. WeisfeldSupreme Court of Florida· 1989-06-15· cited 60×
- Queen v. QueenCourt of Appeals of Maryland· 1987-03-02· cited 56×
- Drake v. DrakeSupreme Court of Pennsylvania· 1999-02-25· cited 48×
- Crocker v. CrockerSupreme Court of Oklahoma· 1991-12-10· cited 38×
- Cummings v. CummingsIdaho Court of Appeals· 1988-12-07· cited 35×
- Miller v. MillerAlaska Supreme Court· 1987-06-26· cited 35×
- Griggs v. GriggsIdaho Supreme Court· 1984-08-08· cited 35×
- Matter of Estate of EliasenIdaho Supreme Court· 1983-06-23· cited 27×
- Vig v. Erickson (In Re Erickson)D. Idaho· 1988-07-22· cited 24×
- Marriage of Ward v. WardCourt of Appeals of Minnesota· 1990-04-10· cited 19×
- Weisfeld v. WeisfeldDistrict Court of Appeal of Florida· 1987-09-08· cited 16×
- United States v. Itt Consumer Financial Corporation, and Aetna Finance Company, Delaware CorporationsNinth Circuit· 1987-05-05· cited 11×
- Smith v. Idaho State University Federal Credit UnionIdaho Court of Appeals· 1982-06-08· cited 8×
- Calvin v. Salmon River Sheep RanchIdaho Supreme Court· 1983-02-10· cited 5×
- Fitzgerald v. FitzgeraldWest Virginia Supreme Court· 2007-01-04· cited 5×
Cites
20 cases in this archive are cited by this case.
- Rogers v. Yellowstone Park CompanyIdaho Supreme Court· 1975-05-05· cited 82×
- Marriage of Bugh v. BughCourt of Appeals of Arizona· 1980-03-11· cited 68×
- Simplot v. SimplotIdaho Supreme Court· 1974-06-13· cited 68×
- In Re Marriage of JonesCalifornia Supreme Court· 1975-02-07· cited 65×
- Speer v. QuinlanIdaho Supreme Court· 1974-07-26· cited 65×
- Suter v. SuterIdaho Supreme Court· 1976-02-26· cited 63×
- Jurek v. JurekArizona Supreme Court· 1980-01-30· cited 58×
- Guy v. GuyIdaho Supreme Court· 1977-03-03· cited 47×
- Arnold v. Splendid BakeryIdaho Supreme Court· 1965-04-19· cited 45×
- Evans v. EvansIdaho Supreme Court· 1969-04-29· cited 32×
- Houska v. HouskaIdaho Supreme Court· 1973-08-03· cited 30×
- Hooker v. HookerIdaho Supreme Court· 1973-06-26· cited 30×
- Hiatt v. HiattIdaho Supreme Court· 1971-08-09· cited 19×
- Hicks v. HicksCourt of Appeals of Texas· 1976-12-15· cited 17×
- In Re Marriage of LoehrCalifornia Supreme Court· 1975-02-07· cited 16×
- In Re the Marriage of KoskoCourt of Appeals of Arizona· 1980-03-11· cited 14×
- Griffin v. Potlatch Forests, Inc.Idaho Supreme Court· 1969-07-18· cited 14×
- Brock v. City of BoiseIdaho Supreme Court· 1973-10-18· cited 13×
- Houska v. HouskaIdaho Supreme Court· 1975-12-17· cited 9×
- Frisk v. Garrett Freightlines, Inc.Idaho Supreme Court· 1954-11-23· cited 8×
Sourced from CourtListener / Free Law Project (CC0).
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