Navigating the complexities of dividing marital assets can be a daunting task for couples going through a divorce. The process of determining what you retain and what your spouse receives can be both emotionally taxing and perplexing. Contrary to popular belief, assets and debts are not always divided equally in a divorce. In Connecticut, the legal framework follows the principle of “equitable distribution” when it comes to dividing property. This approach seeks to ensure a fair distribution of the couple’s assets, even if it does not result in a perfectly equal division.
In this blog, we are highlighting our Greenwich office, which is one of our five convenient locations. To protect your interests and receive a fair share of the marital assets, it is essential to enlist the help of a skilled Greenwich divorce lawyer. At McConnell Family Law Group, our team of experienced divorce attorneys may be able to guide you through the equitable distribution process, negotiate on your behalf, and advocate for your rights in court. Call us today at (203) 541-5520 to schedule a consultation.
Is Connecticut a Community Property State?
Connecticut follows the principle of equitable distribution when dividing marital property, which differs from the community property system used in certain other states where assets are divided equally between partners. The division of property under equitable distribution is based on what is considered fair and may not necessarily result in a 50-50 split.
The court in Connecticut considers various factors when determining the equitable distribution of marital property. These include the length of the marriage, the age and health of each spouse, their individual incomes, and their financial requirements. Additionally, the contributions made by each partner towards acquiring, preserving, or appreciating the marital property, as well as their role in the family and household, are taken into account.
In certain cases, factors such as infidelity or abuse may also be considered when deciding the distribution of assets due to the dissolution of the marriage. It is important to note that equitable distribution applies solely to marital property, which includes assets obtained during the marriage. Separate property, such as assets owned by each partner before the marriage, inheritances, and gifts, are generally not subject to division.
Equitable Distribution is Meant to be Fair, not Equal
The goal of equitable distribution is to ensure that each spouse walks away from the marriage with his or her fair share of the marital estate. A 50/50 property split is not required for this method of property division. When dividing property, a judge will do his or her best to make sure there is a fair distribution of assets. For example, if a couple owns two vehicles, the court will likely award one vehicle to each spouse.
In Connecticut, family law courts have broad authority to award property to either spouse in a divorce, regardless of how it is titled, when it was acquired, or whether it was received as a gift or an inheritance. All property is considered marital property, which means that everything the couple owns is fair game when it comes to dividing things up during the divorce. For this reason, it is imperative to have an experienced family law attorney who can advocate for your interests in court and ensure you receive a fair distribution of assets.
Relevant Factors for the Equitable Distribution of Property
Connecticut courts must consider a number of factors when deciding which assets and debts to allocate to either spouse. These factors are set forth in Connecticut General Statutes § 46b-81, and are further interpreted by relevant case law. Courts are not required to place equal weight on each factor, and may place greater significance on any particular factor in a given case. The relevant factors are:
- the length of the marriage;
- the causes for the break-up of the marriage;
- the age and health of the parties;
- the station of the parties;
- the occupation, vocational skills, employability, and income of the parties;
- the estates of the parties;
- the liabilities and needs of the parties;
- opportunity for future acquisition of assets and income; and
- the contribution of each party to the acquisition, preservation, or appreciation of assets.
When going through a divorce, each spouse can expect to get some, but not all, of what they want from the Court. The best way to make sure you are awarded a fair distribution of property is to have an attorney advocating for your interests. To learn more about the laws concerning asset and debt division and to find out what to expect in your own case, contact our office now for an initial consultation with a family law attorney.
| Factors Considered in Equitable Distribution of Marital Property in Connecticut | Description |
|---|---|
| Length of Marriage | Longer marriages may result in equal property division. |
| Causes for Break-Up | Fault for breakdown may result in a smaller share of property. |
| Age and Health of Parties | Health needs are considered, particularly for older spouses. |
| Station, Occupation, Vocational Skills, Employability, and Income of Parties | Social and economic status and earning potential are considered. |
| Estates and Liabilities of Parties | Property value and debts/expenses are considered. |
| Opportunity for Future Acquisition of Assets and Income | Potential to earn or acquire assets in the future is considered. |
| Contribution of Each Party to the Acquisition, Preservation, or Appreciation of Assets | Role in acquiring or maintaining the property is considered. |
Getting the Help of an Experienced Greenwich Divorce Lawyer
When going through a divorce, each spouse can expect to get some, but not all, of what they want from the Court. The best way to make sure you are awarded a fair distribution of property is to have an attorney advocating for your interests. To learn more about the laws concerning asset and debt division and to find out what to expect in your own case, contact our office now for an initial consultation with a family law attorney.
In Connecticut, the attorneys at McConnell Family Law Group are here to help you resolve all of your family law issues and concerns. To schedule your appointment and learn more about your options, contact us today at (203) 541-5520.
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