Yes – provided certain requirements are met.
In 1995, section 46-36g of the Connecticut General Statutes became effective. The statute sets forth the circumstances under which a premarital or prenuptial agreement would not be enforced. The burden is on the party seeking to invalidate the agreement to prove any of the following:
1. The party against whom enforcement is sought did not sign the agreement voluntarily. For example, a party may claim that he/she signed under duress because the agreement was presented very close to the wedding day.
2. The agreement was “unconscionable” when it was signed or “unconscionable” at the time of enforcement. Unconscionable does not mean unfair or even unreasonable. It is a higher standard. Think very one sided. The analysis in court typically is: Will enforcement of the premarital agreement amount to an “injustice”? To avoid a claim of unconscionability of the time of enforcement, it may be worthwhile to execute a postnuptial agreement (entered into after the marriage). This is particularly true in the case of lengthy marriage. Postnuptial agreements are valid in Connecticut.
3. Before signing the agreement, the party against whom enforcement is sought was not provided with “fair and reasonable” disclosure of the amount, character and value of property, financial obligations and income of the other party. A good practice is a mutual exchange of tax returns and statement of assets and liabilities of each party signed under oath.
4. The party against whom enforcement is sought was not afforded a reasonable opportunity to consult with independent counsel. Note – the party does not have to retain an attorney or even confer with a lawyer. They must, however, have been allowed a reasonable time to do so and declined. If a party to a premarital agreement did not confer with independent counsel despite a reasonable opportunity to do so, language should be included in the agreement to this effect – a waiver of counsel.
No precise formula exists to determine the value of a Connecticut personal injury case. However, there are certain factors, which help attorneys and insurance adjusters calculate the range of what reasonable compensation is in a particular case.
1. Fault/Liability. This is the first step in an analysis of any personal injury case. Who caused the car accident? Who is responsible for the injuries? If you are at fault, you will not be entitled to damages regardless of the severity of your injuries. Sometimes fault is a matter of degree. In such a case, you may recover damages but the damages will be decreased proportionally by your degree of responsibility.
2. Medical expenses. You should be reimbursed for all bills for medical services rendered (ER visits, doctor’s appointment, co-pays) as well as the projected cost for future medical treatment. Often insurance adjusters will attempt to discount these expenses claiming that the patient sought medical care than was unnecessary or that second and third opinions should not be paid for, as these were diagnostic and unrelated to treatment.
3. Lost income/wages. This includes not only documented past wages but also includes the loss of future anticipated income.
4. Your injuries/pain and suffering. For many types of injuries, a doctor will assign a disability rating based on the limited use of the injured body part(s). In addition, you should consider how the injuries affect you on a daily basis. Think of what activities you cannot do at all since the accident and others you can still do but only with pain. Essentially, you are entitled to damages for the loss of enjoying your life as you did before the injuries. If you have pre-existing injuries, expect the insurance adjuster to reduce your payment alleging that the current accident was not the sole cause of your injuries.
5. Your age. The victim’s life expectancy provides a way to predict how long the accident victim will live with these injuries. Obviously, the longer the life expectancy, the higher the damages. Age may also be relevant in terms of the “sympathy” factor. For example, juries may award a higher amount to very young children or elderly victims.
6. Punitive damages. There are some cases where the party at fault was more than negligent. They were reckless. For example, a car accident where the at fault party was charged with drunk driving. In these types of cases, the law allows the injured party to recover double or triple damages.
Almost. Awarding lifetime alimony in Connecticut is becoming increasingly rare – even in long-term marriages. The trend reflects the notion that there are more employment opportunities available for women who have traditionally been the recipient of spousal support.
The more common approach is to award time limited alimony, known as rehabilitative alimony, to the lesser earning spouse. This allows the alimony recipient a period of time to acquire work outside the home and become self-sufficient.
How long would the alimony last? Courts and lawyers often attempt to estimate when the alimony recipient can gain employment and therefore increasingly less dependent on spousal support. Factors for this estimate include prior employment history and experience, particular job skills, education and training. If young children are living with the alimony recipient, it would also include balancing daycare costs against the projected income the spouse could earn.
The length of the marriage, health and ages of both spouses also determine the period of alimony. In certain extreme cases, fault, may alter the alimony award in one spouse’s favor. However, the fault must be shown to have caused the breakdown of the marriage.
Massachusetts became the most recent state to limit alimony awards. Connecticut still permits an award of lifetime alimony though it is fading fast.
Please email me or call (203) 259-5251 to discuss lifetime alimony in Connecticut.
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Can a spouse get an order excluding their soon to be ex from living in the marital residence once a divorce is filed? Or as I usually hear it: “Can I kick my husband/wife out of the house?”
Well – it depends.
While a Connecticut divorce is pending, either spouse may file a Motion for Exclusive Possession of the Marital Home/Residence. There are no specific factors that a court must take into account when ruling on such a motion. However, courts will usually consider the following:
1. Are children involved? Is there tension and hostility in the home environment that is negatively affecting the children? If so, courts will weigh this heavily.
2. Is it economically feasible for the spouses to maintain separate households? Perhaps the spouse being asked to leave has a temporary place to live – maybe even with a relative at little or no cost. But, if there are limited financial resources, courts may deny the motion unless significant psychological or physical harm can be proved.
These two considerations are often a matter of degree.
How tense and hostile is it? Courts understand that spouses going through a divorce are not always amicable. Simply not “getting along” will not suffice.
What are the true financial circumstances of the parties? The court will weigh the need and immediacy of excluding one spouse against the corresponding economic consequences.
A few thoughts:
If there is the “continuous threat of present physical pain or physical injury”, a restraining order should be considered.
It does not matter whether the residence is owned or rented. Nor does it matter who is on the deed or the lease.
The Motion for Exclusive Possession is a temporary measure to alleviate tension and to protect children and spouses. The court has the authority to enter different orders, including the sale of the residence, at the time of the divorce.
Please contact me to discuss exclusive possession of a residence in a Connecticut divorce.
Will contests seem to be increasing. Recently I have seen scenarios involving spouses, children, grandchildren or others that were not sufficiently provided for or left out entirely. When there are questions about the legitimacy of the will then will contests ensue.
Here are some of grounds to challenge a will in Connecticut:
1. Lack of testamentary capacity – the decedent was not of sound mind and memory when he/she executed the will. Did the decedent understand what property was being disposed and who was to receive the property?
2. Undue influence – Was the decedent under duress when the will was signed, coerced in same manner or can fraud can be proven?
3. Lack of formalities in the execution of the will – Connecticut requires that the will be in writing, subscribed by the testator (person making the will) and attested to by two witnesses in the testator’s presence. Were these formalities followed?
4. The will was revoked by a later will. Are there multiple wills? If so, the most recent will which meets the statutory formalities controls.
In addition, to contesting a will family members may also challenge the Inventory (list of assets) filed with the Probate Court. This may be appropriate if there is evidence that not all assets have been disclosed.
It is important to consider the alternative if the will is not valid. There is a schedule which sets forth how property is distributed if the decedent dies without a will (intestate). Be mindful that if the will contest is successful (and therefore the will is invalid) that the distribution which will result is the result you want. For example, you are a grandchild who thinks you should have received more under the will. If there are certain other relatives alive and the will is invalid you may do worse by challenging the will.
Contact me online or call me in my Stamford office at (203) 356-1475 or in my Fairfield office at (203) 259-5251 if you would like a consultation concerning Will Contests in Connecticut.
In 2008, the Connecticut Legislature passed laws that were meant to reduce teenage driver accidents throughout the state.
The restrictions on teenage drivers include:
- A curfew, which forbids drivers under 18-years-old to drive between 11 p.m. and 5 a.m. unless required to for school, medical needs, religion or work.
- Graduated license restrictions. Once a teenager obtains his or her license, only parents, legal guardians and driving instructors are allowed to ride with him/her for the first six months. Only immediate family members may ride with the teenager for the following six months.
- Cell phone ban. Drivers under the age of 18 may not use cell phones while driving, including hands-free cell phones.
Teenagers who violate these restrictions can face administrative penalties, including up to six months’ license suspension.
Recent research by the Connecticut Department of Motor Vehicles (DMV) shows that these restrictions have been effective in preventing Connecticut car accidents involving teenagers. Between 2007 and 2009, auto accidents involving 16- and 17-year old drivers decreased by 28 percent.
Teenage Driving Accidents
Motor vehicle accidents remain the leading cause of death among teenagers in the U.S. In fact, more than one out of every three teenage deaths is caused by a fatal car accident. In 2009 alone, nearly 3,000 teenagers were killed and more than 350,000 were injured in auto accidents.
Teenage drivers are four times more likely than adults to be involved into a car accident. They are new drivers, learning the rules. However, teens also tend to underestimate dangerous situations on the road, use cell phones, speed, tailgate other drivers, drink and drive, “forget” to wear a seatbelt and engage in other risky behaviors.
That is why regulations like those in Connecticut matter. Curfews get teens off the road at a reasonable hour and prevent drunk driving, and the passenger and cell phone restrictions reduce distracted driving, forcing teenagers to concentrate on the road.
If your teenager has been involved in a car accident or you have been injured by a teenager driver, contact a Connecticut personal injury attorney near you.