How is marital property divided in a Connecticut divorce? Connecticut courts follow an equitable distribution approach. To be more specific, Connecticut follows “an all property equitable distribution scheme.”
This means that at the time of the divorce or legal separation, the court can assign either spouse any or all of the property of the other regardless of how title is held or when the property was acquired.
In deciding property distribution, a Connecticut divorce court will consider the following factors:
- Length of the marriage;
- Causes for the divorce or separation;
- Age, health and occupation of the parties;
- Amount and sources of incomes;
- Vocational skills and employability of the parties;
- Liabilities and needs of the parties;
- Opportunity for future acquisition of assets and income; and
- Contributions of each party in the acquisition, preservation or appreciation in the value of property.
A few points.
Equitable does not mean equal. Equitable essentially means fair. Therefore, judges can, and sometimes do, allocate more assets to one spouse.
A misconception exists that assets received through inheritances are not part of the marital estate. Not true. Inheritances are part of the marital estate and subject to being distributed upon divorce.
Another misconception is that a spouse automatically retains what he or she brought into the marriage. There is no absolute right to keep what you came into the marriage with.
These two “misconceptions” illustrate why it is often a wise decision to execute a prenuptial or postnuptial agreement.