How is Alimony determined?
Connecticut courts are guided by a set of statutory factors in determining
an alimony award. These factors include the length of the marriage, the
causes for dissolution, the age, health, station, occupation, amount and
sources of income, vocation skills, employability, estate, needs of each
of the parties, and the desirability of the custodial parent securing
employment. An alimony award is subjective in the sense that Judges do
not have to weigh these factors equally, and will often be persuaded by
the evidence and testimony concerning one factor over another. It is crucial
to have an experienced family attorney evaluate your unique situation
and determine where the emphasis should be placed in relation to the statutory factors.
How are my children’s college expenses going to be paid after divorce?
Upon divorce, parties can elect to be governed by the post-secondary education
statute in Connecticut which subjects them to the future jurisdiction
of the Superior Court in relation to college expenses. At the time your
child enrolls in college, either divorced party can petition the court
to enter a specific order as to how college expenses are divided. Monetary
orders may include tuition, room and board, and registration fees. Parties
are often advised to set up various college savings plans at the time
of divorce in order to avoid future conflict. Parties often overlook or
misinterpret this important statute. Hearings on this issue after divorce
can be complex and involve a variety of factors concerning your financial
portfolio as well as the finances of your ex-spouse. It is crucial to
speak with a dedicated family law attorney to discuss the college savings
options for you and your child.
What happens to my home upon divorce?
Although parties have a myriad of legal options concerning their home
upon divorce, we typically see two scenarios present themselves. One,
the home is sold within a designated time period at an agreed upon price
and the parties equally split any remaining equity after usual and necessary
closing costs have been paid. Or two, the party who can afford to stay
in the home refinances the property and buys the other party out of his/her
half of the equity upon receiving a quit claim deed and becomes solely
responsible for the mortgage and all expenses. Walking away from a marital
home can be one of the most emotional aspects of the divorce process so
it is important to seek compassionate representation to guide you through
What happens to my retirement accounts upon divorce?
Pensions, IRA’s, 401k’s, annuities, and the like are divided
at divorce pursuant to Qualified Domestic Relations Order. This order
entitles a divorced spouse to receive an interest in a specified portion
of the other spouse’s retirement accounts. Parties are confronted
with various legal options when electing to divide retirement accounts.
At trial, your retirement accounts will be subjected to the discretion
of the court and you will need an aggressive lawyer to develop a strategy
and defend your assets. Speak with a New Haven divorce attorney today
regarding which strategy will make the most financial sense for your specific
How can the court help me resolve my custody/visitation dispute?
Depending on the facts and circumstances surrounding your case, it may
be advisable to petition the court to conduct a family relations study
through the court, appoint a Guardian ad Litem to represent your child,
or recommend co-parenting classes with an outside professional. Not all
of these options will suit your particular needs. It is important to speak
with your divorce attorney about which course of action will achieve the
best result for you and your family.
What happens to my Italian leather sofa and that brand new television we
Personal property issues are rarely contested at the time of divorce.
Typically, parties will divide everything in the marital home equally
by exchanging desired lists of property with one another and negotiating
from that starting point. Should there be significant items of disagreement,
such as expensive jewelry or furniture, then courts will generally order
that the parties submit to binding arbitration. Personal property can
often be an effective strategy for negotiating the remainder of the contested issues.
What happens throughout the duration of the divorce?
Connecticut courts impose a statutory 90 day waiting period from the time
of filing to the time you can officially be divorced. During this period,
the parties exchange financial documents such as paystubs, bank account
information, and retirement account statements, and file pendente lite
motions. Pendente Lite motions are motions filed before final judgment
which petition the court to enter temporary orders during the pendency
of the divorce process. Examples of pendente lite motions include temporary
child support and alimony, exclusive possession of the marital home, and
orders for a temporary parenting plan. Aggressively pursuing pendente
lite orders up front can be crucial in establishing your rights from the
outset of the case.
Are there tax consequences to divorce?
Depending on your situation, there may be several tax issues to keep in
mind. While property settlements generally are not taxable by the IRS,
alimony must be included in the income of the party receiving it; however,
it is allowed as a deduction to the party paying it. By contrast, child
support payments are not taxed to the party receiving them, and may not
be deducted by the party paying them. Finally, when transferring property
as part of your divorce, it is important to account for any appreciated
or depreciated property. An experienced divorce attorney can work to make
sure you don’t end up facing a unfortunate tax situation, potentially
years after the divorce.
Will the immigration status of my spouse or myself or be impacted if I
file for divorce in Connecticut?
Perhaps. The legal immigration status of some individuals is obtained
solely on the basis of their spouse's status. A divorce could vacate
that status and subject an individual to issues with USCIS. For example,
H-4 visa status could hinge on being married to a person with an H-1B
visa, and the situation could get significantly more complex if there
are minor children involved. Speak with a New Haven divorce attorney at
Goldblatt, Marquette & Rashba, P.C. today!