Effective October 1, 2013 Connecticut judges will be required to consider earning capacity and education as two additional factors when determining alimony.
Not really big news.
Connecticut judges in calculating alimony have already routinely used both of these factors. The new law simply mandates a judge to consider them.
Education of course ties in with occupation and employability, which are part of the current alimony statute.
Connecticut Courts have defined earning capacity as the amount a person can realistically be expected to earn considering such things as vocational skills, employability, age and health. All of these are part of the existing alimony statute too.
Bottom line – the new statute referencing education and earning capacity as mandatory factors will have little, if any effect, on alimony awards in Connecticut.
On another note – the new statute replaces “husband” and “wife” with “spouse” to reflect Connecticut’s recognition of same-sex marriage.
I represent parents throughout Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact me online or call me in my Stamford office at (203) 356-1475 or in my Fairfield office at (203) 259-5251 to discuss your options and learn more about the alimony process.