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Cases of Interest: Connecticut
© National Legal Research Group, Inc.
Alimony (full category)
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CONNECTICUT: Simmons v. Simmons, 244 Conn. 158, 708 A.2d 949 (1998).
A medical degree earned during marriage is not property subject to equitable distribution, but the other spouse is normally entitled to compensation through an alimony award if the couple's assets are insufficient to permit compensation through the property division.
Read More About This CaseChild Custody (full category)
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CONNECTICUT: Murray v. Murray, No. AC 20847 (Conn. App. Ct. Aug. 14, 2001).
The mother appealed from a judgment denying her motion for permission to relocate to California with two minor children.
Read More About This Case
Classification of Assets (full category)
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CONNECTICUT: Kiniry v. Kiniry, 71 Conn. App. 614, 803 A.2d 352 (2002).
Nonvested stock awards are marital property to the extent they were earned during the marriage. "During the marriage" means before divorce, and not before separation. The trial court did not err in awarding the wife 60% of the awards, even though the husband earned them. His direct financial contributions were only one relevant factor, and they were overcome on the facts by the wife's homemaker and child-care contributions.
Read More About This CaseCONNECTICUT: Tyc v. Tyc, 40 Conn. App. 562, 672 A.2d 526 (1996).
A spouse's award or claim for workers' compensation is property subject to distribution in a dissolution action.
Read More About This CaseCONNECTICUT: Simmons v. Simmons, 244 Conn. 158, 708 A.2d 949 (1998).
A medical degree earned during marriage is not property subject to equitable distribution, but the other spouse is normally entitled to compensation through an alimony award if the couple's assets are insufficient to permit compensation through the property division.
Read More About This CaseClosure (full category)
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CONNECTICUT: Wendt v. Wendt, 45 Conn. Supp. 208, 706 A.2d 1021 (Super. Ct. 1996) (published 1998).
The public's right of access to divorce proceedings involving a top executive in a large, publicly held corporation was outweighed by the overriding interest in preventing disclosure of insider information which could affect trading of the corporation's stock.
Read More About This CaseContempt (full category)
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CONNECTICUT: Billings v. Billings, 54 Conn. App. 142, 732 A.2d 814 (1999).
The trial court had the authority to order the husband to purchase a life insurance policy, naming his wife as beneficiary, as part of a property settlement. The husband's failure to maintain the insurance policy was willful contempt.
Read More About This CaseDebts (full category)
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CONNECTICUT: Carroll v. Carroll, 55 Conn. App. 18, 737 A.2d 963 (1999).
Where a statute provides that at the time of the entering of the divorce decree the trial court may assign to either the husband or the wife all or any part of the estate of the other, it also authorizes the trial court to order the husband to assume the burden of paying the outstanding debt that was owed to the wife's mother.
Read More About This CaseDivision of Property (full category)
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CONNECTICUT: Porter v. Porter, 61 Conn. App. 791, 769 A.2d 725 (2001).
The trial court valued the husband's car at the amount it could likely be sold for on the open retail market. The husband appealed, arguing that the court should have used the much lower value as a trade-in when purchasing a new car.
Read More About This CaseCONNECTICUT: Wendt v. Wendt, ___ Conn. App. ___, 757 A.2d 1225 (2000).
The trial court divided unvested stock options arising from the husband's employment and valued the marital assets as of the date of dissolution, notwithstanding its use of the word "separation".
Read More About This CaseCONNECTICUT: Wilkes v. Wilkes, ___ Conn. App. ___, 738 A.2d 758 (1999).
A separation agreement regarding the couple's property was fair and equitable when the wife had the opportunity to review the husband's records before the preparation of the agreement, the wife was an attorney with experience in drafting complicated agreements, and the wife was assisted by her mother, a family law attorney.
Read More About This CaseCONNECTICUT: Tyc v. Tyc, 40 Conn. App. 562, 672 A.2d 526 (1996).
A spouse's award or claim for workers' compensation is property subject to distribution in a dissolution action.
Read More About This CaseEvidence (full category)
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CONNECTICUT: Gomeau v. Gomeau, 242 Conn. 202, 698 A.2d 818 (1997).
The trial court abused its discretion by refusing to permit the husband to testify in rebuttal concerning financial transactions and assets about which the wife's counsel had cross-examined him during his case-in-chief.
Read More About This CaseMarital Home (full category)
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CONNECTICUT: Billings v. Billings, 54 Conn. App. 142, 732 A.2d 814 (1999).
Mortgage payoffs must be subtracted from the market value of the marital residence before computing a split in net proceeds from the sale of the residence. The wife is not entitled to additional credit for mortgage payments that were included in the original deductions, however.
Read More About This CasePersonal Property (full category)
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CONNECTICUT: Wilkes v. Wilkes, ___ Conn. App. ___, 738 A.2d 758 (1999).
A separation agreement regarding the couple's property was fair and equitable when the wife had the opportunity to review the husband's records before the preparation of the agreement, the wife was an attorney with experience in drafting complicated agreements, and the wife was assisted by her mother, a family law attorney.
Read More About This CasePostdecree Proceedings (full category)
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CONNECTICUT: Passamano v. Passamano, 228 Conn. 85, 634 A.2d 891 (1993).
A judgment requiring the husband to pay the mortgage and real estate taxes on the marital home until his youngest child reaches majority, at which point the home would be sold, constitutes a fixed division of property - not a modifiable order of alimony.
Read More About This CaseCONNECTICUT: Jenks v. Jenks, 34 Conn. App. 462, 642 A.2d 31 (1994).
Wife's assertion that she suffered from battered spouse syndrome did not constitute duress or undue influence so as to justify reopening dissolution judgment based on parties' written stipulation, where husband's alleged acts were not contemporaneous with the execution of the agreement and wife was represented by counsel during the negotiations. The court in this case rejected the notion that a wife can raise a claim of duress to attack a contractually based divorce judgment on the ground of "battered spouse syndrome," if the wife was represented by counsel and no contact took place between the parties during the settlement negotiations. The policy of encouraging private settlement of litigants' financial affairs weighs against allowing such a postjudgment attack, the court said.
Read More About This CaseProfessional Licenses and Degrees (full category)
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CONNECTICUT: Simmons v. Simmons, 244 Conn. 158, 708 A.2d 949 (1998).
A medical degree earned during marriage is not property subject to equitable distribution, but the other spouse is normally entitled to compensation through an alimony award if the couple's assets are insufficient to permit compensation through the property division.
Read More About This CaseRes Judicata (full category)
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CONNECTICUT: Delahunty v. Massachusetts Mutual Life Insurance Co., 236 Conn. 582, 674 A.2d 1290 (1996).
The doctrine of res judicata does not bar a party to a dissolution action from bringing a postdissolution action against a former spouse for damages caused by conduct that occurred during the marriage.
Read More About This CaseStocks (full category)
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CONNECTICUT: Kiniry v. Kiniry, 71 Conn. App. 614, 803 A.2d 352 (2002).
The husband and wife were married in 1981. Four children were born of the marriage. The wife filed suit for dissolution in 1998. At the time of the trial, each party was 42 years of age and in good health. Each was a college graduate. The wife had been the co-owner of an executive search firm and was earning approximately $250,000 to $300,000 at the time she ceased working in 1990 following the birth of the couple's fourth child.
Read More About This CaseCONNECTICUT: Wendt v. Wendt, ___ Conn. App. ___, 757 A.2d 1225 (2000).
The trial court divided unvested stock options arising from the husband's employment and valued the marital assets as of the date of dissolution, notwithstanding its use of the word "separation".
Read More About This CaseCONNECTICUT: Taylor v. Taylor, ___ Conn. App. ___, 752 A.2d 1113 (2000).
The husband's stock options were under contention. The construction turned on whether the stock options were "vested" or not.
Read More About This CaseSurvivor Benefits (full category)
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CONNECTICUT: Askinazi v. Askinazi, 34 Conn. App. 328, 641 A.2d 413 (1994).
The trial court did not err by treating the survivorship benefit of the husband's federal pension as a potential source of future alimony rather than as property.
Read More About This CaseTorts (full category)
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CONNECTICUT: Delahunty v. Massachusetts Mutual Life Insurance Co., 236 Conn. 582, 674 A.2d 1290 (1996).
The doctrine of res judicata does not bar a party to a dissolution action from bringing a postdissolution action against a former spouse for damages caused by conduct that occurred during the marriage.
Read More About This CaseTrusts (full category)
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CONNECTICUT: Tremaine v. Tremaine, 34 Conn. App. 785, 643 A.2d 1291 (1994).
The corpus of an irrevocable trust of which the husband was an income beneficiary was properly included as an asset for the purpose of determining alimony payable to the wife.
Read More About This CaseWorker's Compensation (full category)
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CONNECTICUT: Tyc v. Tyc, 40 Conn. App. 562, 672 A.2d 526 (1996).
A spouse's award or claim for workers' compensation is property subject to distribution in a dissolution action.
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