Dividing property in Connecticut divorce is a major concern for many spouses.
Connecticut is an an “equitable distribution” state. Equitable in this context means what is fair. It does not necessarily mean equal. In some cases the property is divided equally but in other cases there is a different distribution. The analysis is fact dependent.
Pursuant to Conn. Gen. Stat. § 46b-81, here are the factors a divorce judge must consider:
- The length of the marriage;
- The causes for the annulment, dissolution of the marriage or legal separation;
- The age, health, station, occupation of the parties;
- The amount and sources of income;
- Vocational skills;
- Estate, liabilities and needs of each of the parties;
- The opportunity of each for future acquisition of capital assets and income; and
- The contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates.
The judge must consider these all factors however the judge does not have to give each equal weight. Judges vary on the importance of each factor. For example, the causes for the divorce (i.e. fault) will be evaluated differently by one judge to the next. Some judges rarely use this ground when dividing property while others will factor it in if the fault was serious enough. And what is “serious” or “significant” enough will – you guessed it – vary.
Length of the marriage is almost always an important factor. The longer the marriage – the more likely it is that the judge will divide property equally.
Stamford and Fairfield Dividing Property Attorney
I represent clients in Connecticut Family Court and Divorce proceedings through out Fairfield County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.