What is a wife entitled to in a divorce in CT?

In a Connecticut divorce, a wife is typically entitled to an equitable distribution of marital property and debts, which includes assets like real estate, investments, and retirement accounts. She may also be entitled to alimony (spousal support), child custody, and child support if there are minor children involved. Connecticut law aims for a fair outcome, though "fair" doesn't always mean "equal."

Understanding Equitable Distribution of Property

Connecticut is an equitable distribution state, meaning that marital assets and debts are divided in a manner deemed fair by the court, rather than necessarily an automatic 50/50 split. While often resulting in an approximate 50/50 division, the court has the authority to adjust this distribution to ensure an outcome that is truly equitable based on the unique circumstances of the case.

What is considered marital property?
Generally, marital property includes all assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title. This can include:

• The marital home and other real estate
• Bank accounts, savings, and investments
• Retirement accounts (401ks, IRAs, pensions)
• Businesses owned by either spouse
• Vehicles, artwork, and other personal property
• Debts, such as mortgages, credit card debt, and loans

Factors influencing property division:
When determining an equitable distribution, a Connecticut court considers various statutory factors, including:

• The length of the marriage
• The causes for the dissolution of the marriage
• The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each spouse
• The opportunity of each spouse for future acquisition of assets and income
• The contribution of each spouse in the acquisition, preservation, or appreciation in value of their respective estates (this includes non-monetary contributions, such as a stay-at-home parent's efforts)

Alimony (Spousal Support)

Alimony, or spousal support, may be awarded to a wife to provide financial assistance after divorce, especially if there is a significant disparity in income or earning capacity between the spouses. Alimony in Connecticut is not automatic and is determined based on various factors similar to those for property division.

Types of Alimony:

• Temporary Alimony: Awarded during the divorce proceedings.
• Rehabilitative Alimony: Designed to provide support while a spouse gains the education or training needed to become self-sufficient.
• Time-Limited Alimony: Awarded for a specific duration, often tied to the length of the marriage.
• Periodic Alimony: Regular payments for a set or indefinite period.

Factors considered for alimony:
The court considers factors such as:

• The length of the marriage
• The causes for the dissolution of the marriage
• The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, and needs of each spouse
• The desirable future acquisition of capital assets and income
• The contribution of each party to the acquisition, preservation, or appreciation in value of their respective estates

Alimony can be modified or terminated upon a substantial change in circumstances (e.g., a significant increase or decrease in income, remarriage of the recipient, or cohabitation).

Child Custody and Support

If there are minor children, a wife is entitled to seek both child custody and child support.

• Child Custody:

  • Connecticut courts determine custody arrangements based on the "best interests of the child." This can include:
    • Legal Custody: Determines who makes major decisions regarding the child's upbringing (education, healthcare, religious training). This is often shared (joint legal custody).
    • Physical Custody: Determines where the child primarily lives. This can be primary residence with one parent, or shared (joint physical custody).
  • Both parents have the right to seek custody and visitation.

• Child Support:

  • Child support is a payment made by one parent to the other to help cover the costs of raising their children.
  • It is calculated using Connecticut's Child Support and Arrearage Guidelines, which primarily consider the gross income of both parents, the number of children, and certain allowable deductions.
  • The goal is to ensure children continue to benefit from the financial resources of both parents, similar to if the parents remained married.

Other Considerations

• Use of the Marital Home: A court may grant one spouse temporary exclusive use and possession of the marital home, particularly if it's in the children's best interest to remain there. The ultimate disposition of the home (sale or transfer to one spouse) is part of the equitable distribution of assets.
• Health Insurance: Spouses may be able to continue health insurance coverage through COBRA for a limited time after the divorce.
• Attorney's Fees: In some cases, the court may order one spouse to contribute to the other's attorney's fees, especially if there's a significant financial disparity.

Understanding these entitlements requires navigating complex legal principles. It's advisable to consult with a qualified Connecticut family law attorney to discuss specific circumstances and ensure your rights are protected. For more information on divorce proceedings in Connecticut, you can explore resources from the Connecticut Judicial Branch or reputable legal firms specializing in family law.