One Eliot Place
Fairfield, CT 06824
Phone: (203) 254-1190
Fax: (203) 255-0674
Here are some commonly asked questions about my services.
If your question is not listed please call or write me for assistance.
Connecticut is a "no-fault" state. If only one party believes that the marriage has "broken down irretrievably," that alone is sufficient grounds for the court to grant a divorce. Fault for the breakup of the marriage, however, is relevant and is considered in determining financial support and property division.
In terms of property division, Connecticut is an "equitable distribution" state. "Equitable" means fair and reasonable. Lawyers and clients often differ as to what is "fair" in terms of a property division. No property, whether jointly or individually owned is completely exempt from a property division incident to a divorce, nor does a spouse have a defined right to all or a percentage of the property, either owned jointly or individually. A property division is determined by applying a number of statutory factors, such as, who is at fault for the breakup, the length of the marriage, when and how the property was acquired, just to name a few. If the case cannot be settled, the division of property is left to the sound discretion of the trial judge after a trial. Property division incidental to a divorce can never be modified or changed in the future, except where there has been concealment or fraud in disclosure during the divorce process.
Alimony is spousal support. The amount and duration of alimony depends on many of the same factors used to determine the division of property. Once again, fault and the length of the marriage are two of those factors. The primary factors, however, are the income and earnings from all sources of the payor spouse, and reasonable needs, expenses, income and employment opportunities of the payee spouse. The payor spouse is able to deduct alimony on his tax returns and the payee spouse must declare alimony as income on his or her tax returns. Unlike the property division, either spouse can seek to modify the alimony order post-divorce, either in terms of amount or duration, unless the divorce decree prohibits or limits modification.
In order to modify alimony in a post divorce proceeding, the moving party must prove that there has been a substantial change in financial circumstances since the divorce, justifying the modification. Alimony automatically terminates, however, upon the death of either the payor or payee spouse, and upon the re-marriage of the payee spouse. Additionally, the payor spouse can seek to terminate or reduce the alimony obligation, if the payee is co-habiting with another and is receiving a financial benefit from that arrangement.
Connecticut has two child-custodial arrangements: legal custody and residential custody. Legal custody can either be sole or joint. Sole legal custody is an arrangement where one parent unilaterally has the authority to make all major decisions regarding a child's upbringing. Joint legal custody is an arrangement where both parents participate in the major decisions regarding the upbringing of their child. Residential custody can either be shared by the parents or be primarily with one parent. Custody arrangements can be modified post-divorce by the Court, based upon what is in the "best interest" of the child.
Connecticut has guidelines that in most cases need to be followed in determining how much child support the non-residential parent will pay to the residential parent. Total child support is determined by combining the joint net income of the parents and then consulting the guidelines at that joint net income level, to determine the total weekly child support. The percentage contribution of the total child support by the non-residential parent is determined by multiplying his percentage of the joint total net income times the total child support under the guidelines. A parent has a legal obligation to support each child until he or she reaches the age of eighteen (18) or graduates from high school, whichever occurs last, but the child support obligation does not extend beyond the age of nineteen (19), unless the parties agree.
At the time of the divorce of thereafter, either or both parents can be ordered to contribute to the college education of their child. The most a parent can be ordered to pay is the then existing cost for tuition, room, board, books and fees for a fulltime student (Connecticut resident) attending the University of Connecticut at Storrs. There are statutory criteria which the court will apply in determining if a parent should contribute to the cost of a child's college education and how much. The parents can agree, however, to make a larger contribution to the cost of their child's higher education, which agreement can later be enforced by the court.
Upon divorce, health coverage for a ex-spouse under the other spouse's plan through his or her employment will terminate. Under federal law, however, the plan or health insurer is required to extend individual coverage to the uninsured spouse upon the payment of a premium for a three (3) year period. In Most Cases the uninsured spouse will be responsible for paying that premium.
Retirement benefits, plans or pensions can be divided in a divorce. If and how they are to be divided is too complicated to treat here, other than to say that many of the factors applied in determining property division are relied upon and applied to determine division of retirement assets.