Does one spouse have to be at fault for me to get a divorce?
No.
Can I get more money if my spouse is at fault?
Possibly. In Connecticut the conduct or fault of the parties is one of many factors considered by a judge before dividing assets and awarding alimony.
Is Connecticut a community property state?
No. Connecticut is an "equitable distribution" state. This means that the judge can distribute any assets of either party in the manner he or she finds "equitable" under all the circumstances of the case.
What do judges consider?
Under Connecticut divorce law, judges without juries must consider:
- The length of the marriage.
- The causes for the dissolution of marriage.
- The age of each party.
- The health of each of the parties.
- The station of each of the parties.
- The occupations of each of the parties.
- The amounts and sources of income of each of the parties.
- The employability of each of the parties.
- The estate of each of the parties.
- The liabilities of each of the parties.
- The needs of each of the parties.
- The opportunity of each party for future acquisition of capital assets and income.
- The contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates.
Is it different in other states?
Every state has a different set of laws.
Do I automatically get half of the assets?
No. You may get more or less than 50%.
By the way, can my spouse share in my inheritance from my grandmother?
Possibly. It will depend on when it was received, whether it was co-mingled with other assets, and what other assets are available to you and your spouse.
Do I get a share of my spouse's pension?
A pension is an asset of the party which must be considered in the overall "equitable distribution". You may get a share of the pension, or other assets to offset the value of your spouse's pension.
