How is premarital property in a Connecticut divorce handled? I frequently hear: “It was mine before the marriage. Can he/she get it?”
In theory – yes. As stated in my prior posts, Connecticut is an “all property equitable distribution” state. This means that any property that either spouse owns, regardless of when the property was acquired or how the property was acquired, is considered marital property.
Therefore, property which a spouse brought into the marriage, is subject to distribution as part of a divorce. There are however, instances in which a spouse will be allowed to retain their property, which they owned before the marriage. This is especially true in short-term marriages or second marriages.
But, like any litigation, there are no guarantees. Divorce cases are fact driven. So if minor children are involved a house may be awarded to the custodial parent even if owned by the other parent prior to the marriage. Or, if the cause of the breakdown the marriage is attributed to one spouse, the “at fault” spouse could lose a premarital asset.
Individuals contemplating marriage should therefore consider a Premarital Agreement; particularly if there are significant assets. These Agreements can potentially insulate premarital property from being awarded to a former spouse.
Please contact me to discuss premarital property in a Connecticut divorce.