Connecticut is referred to as an "all property equitable distribution state." In Connecticut, the Court has the power to "assign to either the husband or wife all or any part of the estate of the other." Conn. Gen. Stats. § 46b-81. Any property, therefore, regardless of when or how acquired, can be re-distributed by the Court. See, e.g. North v. North, 183 Conn. 35 (1981) (all property, including pre-marital or inherited property, is subject to division by the court). The statute "does not limit, either by timing or method of acquisition or by source of funds, the property subject to a trial court's broad power [to allocate]." Lopiano v. Lopiano, 247 Conn. 356, 364 (1998).
In making the allocation, the factors the Court will consider are: the length of the marriage, the causes of the dissolution or separation, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, special needs, future earning capacity and prospect for future acquisition of capital assets and income. Conn. Gen. Stat. § 46b-81.
The court also considers the contribution of each of the parties in the acquisition, preservation or appreciation of the assets. Conn. Gen. Stat. § 46b-81. Homemaking is considered a valuable contribution to the acquisition and appreciation of assets.
Property acquired prior to the marriage is often, but not always, considered the separate property of the person who acquired it. Appreciations or additions to that property may be considered marital acquisitions.
The Marital Residence
The home that the parties live in prior to divorce is often referred to as the marital residence. Like all property acquired during the marriage, both parties have an interest in it, regardless of how the property was acquired or is titled. Leaving the marital residence prior to or during the divorce does not constitute a legal abandonment of your property interest in the home. Because couples are afraid that moving out will somehow prejudice their interest in the home, they often live together while the divorce is pending. The tension that results can be very damaging to children.
Because of how the Automatic Orders are written, if you are not residing in the home when the divorce papers are served, you do not have an automatic right to remain in the home after the service of the divorce papers. "If the parties are living together on the date of service of these orders, neither party may deny the other party use of the current primary residence...without order of a judicial authority." Once the case starts, however, either party may file a motion for use of the home and the judge will make a decision as to who should occupy the home until the case is decided. "The court may also award exclusive use of the family home...to either of the parties as is just and equitable without regard to the respective interests of the parties in the property." Conn. Gen. Stats. § 46b-83. If the case has not officially started (i.e. it is before the Return Day) a party can file a motion and an order to show cause to bring the person denying access to the family home into court.
Stock Options
Vested and unvested stock options can be part of the marital estate and can be distributed by the Court at the time of dissolution. Bornemann v. Bornemann, 245 Conn. 508 (1998). A discussion of how the marital portion ("coverture factor") of unvested options can be calculated is discussed in Wendt v. Wendt, 59 Conn. App. 656, (Sep 05, 2000) (NO. 18388). Compare Hopfer v. Hopfer, 59, Conn. App. 452 (2000) (wife not entitled to portion of unvested options which were granted after the divorce was filed and shortly before the divorce decree was issued).
The general rules is that the marital estate is valued at the time of the issuance of the decree. Exceptions can be found In the Wendt and several other cases where the court looked at the circumstances of the marriage and separation and valued certain assets at the time of the separation.
Personal injury awards
Settlements, judgments and workers' compensation payments can be treated as marital property and distributed by the court to either party. Lopiano v. Lopiano, 247 Conn. 356 (1998). The court looks at multiple factors when deciding whether an award be shared with a spouse.
Inheritances and Gifts
The court has jurisdiction to allocate Inheritances and gifts that have been received to either party regardless of the source. The court looks at multiple factors when deciding whether an inheritance or gifts should be shared with a spouse. When the money was received, how it was used during the marriage, whether it was kept separate and what it was received for.
The concept of "property" includes a presently existing, enforceable right to receive income in the future. Property does not include those interests, however, that might be speculative or which constitute a "mere expectancy." Rubin v. Rubin, 204 Conn. 224, 230-31, 527 A.2d 1184 (1987) (husband's status as a possible residuary beneficiary under revocable trust and will of his mother was a "mere expectancy" and his possible future inheritance should not have been the subject of a contingent order of the court, nor was evidence of the estate plan admissible at trial).
A medical degree is not marital property which may be divided by the court in a dissolution of marriage. Simmons v. Simmons, 244 Conn. 158 (1998)
Once ordered by a Court, marital property distributions cannot be modified.
Finality of Property Settlements
Property settlements in divorce judgments can only be reopened for a limited time after they entered and only on specific grounds (i.e. fraud). Once entered, property settlements are very difficult to change.
