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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 CourtListener

Cited by

17 cases in this archive cite this case.

Cites

20 cases in this archive are cited by this case.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.