How Long Does Alimony Last in Connecticut?

Dealing with the complex laws surrounding alimony can feel overwhelming, especially when you’re also dealing with the emotional strain of a divorce. Many individuals in Connecticut are seeking answers to the question, “How long does alimony last in Connecticut?” as they strive to comprehend the intricacies of alimony laws in the Constitution State. Connecticut has a unique approach to alimony, or spousal support, taking into consideration factors such as the duration of the marriage, the reasons for the divorce, and the earning capacities of each spouse.

To simplify this process, it can be highly beneficial to seek the assistance of a knowledgeable family law attorney in Connecticut. At McConnell Family Law Group, our team of Connecticut family lawyers may be able to thoroughly assess your situation, help you understand your rights, and advocate for your best interests in court when determining alimony. Contact us today at (203) 541-5520 to schedule a consultation. 

Definition and Purpose

In Connecticut, alimony is governed by Connecticut General Statutes Section 46b-82. The purpose of alimony is to provide financial assistance to the spouse who has lesser financial resources or earning capacity so that both parties can maintain a similar standard of living to what they enjoyed during the marriage. 

Alimony is not meant to be a punishment for the payer or a reward for the recipient.  Instead, it is intended to help the recipient become self-supporting and financially stable after the divorce. Some factors that may be considered when determining the amount and duration of alimony in Connecticut include the length of the marriage, the age and health of each party, their respective earning capacities, and their individual financial needs.

Types of Alimony in Connecticut

In Connecticut, there are several types of alimony that may be awarded in divorce cases. Alimony, also known as spousal support, is a financial payment made from one spouse to the other to provide financial assistance and support. The different types of alimony recognized in Connecticut include:

Temporary Alimony

Temporary alimony, sometimes referred to as “pendente lite” alimony, is granted during the divorce proceedings to help the recipient spouse pay for living expenses while the divorce is being finalized. These payments may be ordered for a specified period of time or until the final alimony order is issued. Temporary alimony is meant to maintain the status quo during the divorce process and is not necessarily an indication of what the final alimony award will be.

Factors Affecting Temporary Alimony Period

The duration of temporary alimony depends on the length of the divorce process and any eventual settlement or court order. Generally, temporary alimony ends when the divorce is finalized, and the court either approves a settlement or issues a final order that addresses alimony and other financial matters. However, there are factors that may affect the period of temporary alimony:

• Financial Needs of Both Parties: The court will examine the financial needs of both spouses as they relate to living expenses, ongoing debts, or legal fees throughout the divorce process, which may influence the amount and duration of temporary alimony.
• Income and Earning Capacity: The financial resources and employment status of both spouses will be considered when determining alimony amounts, and any significant changes may lead to an adjustment of the alimony period.
• Dependency: A dependent spouse may receive temporary alimony until they can support themselves or until the court decides on a more permanent alimony arrangement.
• Custody Arrangements: If one spouse has primary custody of the children, the court may consider this factor in determining the amount and duration of temporary alimony.

Factors Affecting Temporary Alimony Period	Description
Financial Needs of Both Parties	Examining the financial needs of both spouses in relation to living expenses, debts, and legal fees
Income and Earning Capacity	Considering the financial resources and employment status of both spouses
Dependency	Providing temporary alimony until the dependent spouse can support themselves
Custody Arrangements	Factoring in primary custody of children
Length of the Marriage	Granting a longer period of temporary alimony for longer marriages

Rehabilitative Alimony

Rehabilitative alimony is a type of spousal support awarded for a specific period to help the dependent spouse become self-sufficient. The primary purpose of rehabilitative alimony is to provide financial assistance to the spouse who may need additional education, training, or work experience to re-enter the workforce and achieve a higher earning potential.

This type of alimony is often used when one spouse has sacrificed their career or earning opportunities to support the other spouse or raise the couple’s children. Rehabilitative alimony can help the dependent spouse gain financial independence over time and bridge the gap between their income and expenses while they work towards self-sufficiency.

Factors Affecting Rehabilitative Alimony Period

The duration of rehabilitative alimony is usually tied to specific milestones or time frames related to the receiving spouse’s plan for self-sufficiency. Factors that affect the period of rehabilitative alimony include:

• Time Needed for Education or Job Training: The court will consider the length of time it will take for the dependent spouse to complete any necessary education or job training programs to become self-supporting.
• Age and Health of the Spouse: The age and overall health of the dependent spouse may influence their ability to complete training or obtain suitable employment, thereby affecting the rehabilitative alimony duration.
• Local Job Market: The availability of jobs in the spouse’s chosen field or location may impact the time it takes for them to find suitable and sustainable employment.
• Childcare Responsibilities: If the dependent spouse has primary custody of the couple’s children, the court may take those responsibilities into account when determining the duration of rehabilitative alimony.
• Length of the Marriage: The longer the marriage, the more likely the court may grant a longer period of rehabilitative alimony, as it may take longer for the dependent spouse to establish themselves financially.

Ultimately, the length of rehabilitative alimony will depend on the specifics of each case and the court’s assessment of a reasonable plan for the dependent spouse to achieve self-sufficiency.

Periodic Alimony

Periodic alimony is another form of financial assistance provided after a divorce. If you received temporary alimony during the divorce proceedings, you may be eligible for periodic alimony once the divorce is finalized. This type of support is intended for the spouse who had lower earnings during the marriage, as the divorce significantly impacts their income and lifestyle. 

The spouse with lower earnings will receive periodic payments for a specific duration and in a predetermined amount. Typically, periodic alimony concludes after a specified period of time. It’s important to note that alimony may cease if the recipient spouse remarries or, under certain circumstances, begins cohabitating with someone else.

Factors Affecting Periodic Alimony Period

The duration of periodic alimony varies depending on the specific circumstances of each case, and there is no set time frame for how long it may last. Some of the factors that affect the period of periodic alimony include:

• Length of the Marriage: Generally, the longer the marriage, the longer the duration of periodic alimony.
• Age and Health of the Spouses: The age and health of the dependent spouse may affect their ability to become self-supporting, leading to a longer or potentially indefinite duration of periodic alimony.
• Earning Capacity and Financial Resources of Both Parties: The disparity in income and resources between the spouses may influence the duration and amount of periodic alimony awarded.
• Standard of Living During the Marriage: The court will aim to maintain a similar standard of living for the dependent spouse when determining the duration and amount of periodic alimony.
• Marital Misconduct: In some jurisdictions, marital misconduct, such as infidelity, may impact the duration or amount of alimony awarded.

Periodic alimony may also be subject to termination or modification under certain circumstances, such as the remarriage of the dependent spouse, the death of either spouse, or a significant change in the financial circumstances of either party.

Permanent Alimony

Permanent alimony is a form of spousal support that remains in effect until specific events occur: either the death of one party or the recipient’s remarriage. In rare cases, cohabitation may also terminate permanent alimony. However, the amount of permanent alimony can be adjusted based on the financial circumstances of both the payer and the recipient. 

For instance, if the payer receives a promotion, the recipient can request higher payments. Conversely, if the payer loses their job or experiences a pay cut, they can seek a reduction in the alimony amount. It’s important to note that alimony is typically modifiable, meaning it can be changed under certain conditions. To ensure clarity on the modifiability of alimony, it is recommended to consult with an attorney and include specific provisions in the divorce agreement.

Factors Affecting the Permanent Alimony Amount

Deciding the amount of permanent alimony is a complex process. Multiple factors are evaluated, and the outcomes can differ based on the unique circumstances of each case. Some of the factors that courts usually consider while determining the amount of permanent alimony include:

• Duration of the marriage: The length of the marriage can significantly impact the amount of permanent alimony. Generally, longer marriages result in higher alimony payments.
• Income and earning capacity: The income and earning capacity of both spouses are crucial in determining the alimony amount. Factors such as job stability, education, vocational skills, and employment history are taken into account.
• Standard of living: The court will assess the standard of living that the couple maintained during their marriage to determine an appropriate alimony payment that allows the receiving spouse to continue living at a similar standard.
• Needs and expenses of the receiving spouse: The court will also evaluate the financial needs and expenses of the receiving spouse. These factors may include basic living expenses, healthcare, education, or vocational training.
• Assets and liabilities: The court will consider the value of the marital assets and liabilities held by each spouse. This includes real estate, personal property, retirement accounts, and any outstanding debts.
• Age and health of both spouses: The age and health of each spouse can impact the amount of permanent alimony. Older or less healthy spouses may be more likely to receive larger alimony payments, as they may have a harder time becoming financially independent.
• Contributions to the marriage: Non-financial contributions to the marriage, such as raising children, supporting a spouse’s career, or homemaking, can also impact the alimony amount. The court will consider these contributions and how they may have affected the earning capacity or assets of each spouse.
• Tax implications: The tax implications of permanent alimony payments can also influence the final amount. It’s crucial for both parties to understand the tax consequences before agreeing to a permanent alimony amount.

These are just a few factors that can affect the permanent alimony amount. It is essential for divorcing couples to consult with legal and financial professionals to fully understand the potential implications of a lump sum alimony payment and to determine whether it’s the best choice for their specific circumstances.

Factors Considered by the Court

When determining the duration of alimony, courts in Connecticut take into account a number of factors, including the following:

• Length of Marriage: The duration of the marriage has a significant impact on the length of alimony payments. Generally, the longer the marriage, the longer the alimony duration. Short-term marriages may result in temporary or rehabilitative alimony, while long-term marriages may result in permanent alimony.
• Financial Earnings and Potential: The court will consider each spouse’s individual financial earnings, assets, and earning potential when determining the amount and duration of alimony payments. The goal is to help the dependent spouse maintain a lifestyle similar to their standard of living during the marriage, while also considering the paying spouse’s ability to support themselves independently.
• Age and Health of Both Parties: A spouse’s age and health may impact their ability to work or maintain gainful employment, which can, in turn, affect the duration of alimony payments. For example, if a spouse is unable to work due to age or health reasons, the court may award them alimony for a longer duration than they would have in a situation where both parties are healthy and capable of working.
• Needs of the Dependent Spouse: Courts will consider the financial needs of the dependent spouse and determine the duration of alimony payments based on those needs. This includes looking at the dependent spouse’s ability to earn a living, their education level, and any valuable resources/assets they have at their disposal.
• Ability of the Paying Spouse to Pay: In addition to examining the dependent spouse’s needs, the court will also consider the paying spouse’s ability to make alimony payments. Factors, such as their income, liabilities, and other financial obligations, can affect the duration of alimony payments.
• Fault or Misconduct During Marriage: Although Connecticut is predominantly a no-fault divorce state, instances of fault or misconduct (such as adultery or abuse) during the marriage can sometimes influence the court’s decision regarding alimony duration. However, this factor tends to be lower in priority compared to the other factors listed.

Understanding Alimony Termination in Connecticut

In Connecticut, alimony may be terminated under several circumstances, including the death of either party, remarriage of the recipient spouse, cohabitation, or by court order for modification or termination. Alimony can be terminated for a number of reasons including the following:

Greenwich alimony attorney

Automatic Termination of Alimony

There are specific events that lead to the automatic termination of alimony obligations in Connecticut. These events are generally outlined in the divorce decree or settlement agreement, and they typically do not require any action from either party for the termination to occur.

In most instances, alimony payments end upon the death of either the paying spouse or the recipient spouse. In some cases, the paying spouse may have a life insurance policy in place to provide a financial safety net for the recipient spouse in case of their death. However, if the recipient spouse passes away, the obligation to pay alimony ceases as well.

In Connecticut, the remarriage of the recipient spouse results in the automatic termination of the alimony obligation. However, this rule generally applies to permanent alimony awards, and some limited-duration or rehabilitative alimony obligations may not be affected by remarriage. It is essential to review the specific terms of the divorce decree or alimony order to determine the impact of remarriage on alimony payments.

Termination Due to Cohabitation

Alimony may also be terminated or reduced if the recipient spouse begins cohabitating with another person. In Connecticut, cohabitation is defined as a living arrangement in which a couple who is not married resides together and shares household responsibilities and expenses.

To terminate alimony due to cohabitation, the paying spouse must prove to the court that the living arrangement is financially beneficial to the recipient spouse and that it has been ongoing for a substantial period. Connecticut courts typically consider the nature and extent of the living arrangement, the economic interdependence of the couple, and the economic impact of the cohabitation on the recipient spouse. It is important to note that the termination of alimony due to cohabitation is not automatic and generally requires a court order.

Modification or Termination by Court Order

In some cases, the paying spouse may request a modification or termination of alimony by court order. This can occur if there is a substantial change in the financial or personal circumstances of either party, such as a significant increase or decrease in income, retirement, or the development of a disabling condition.

To request a modification or termination of alimony, the paying spouse must file a motion with the court and provide evidence of the change in circumstances. The court will then consider the evidence and the best interests of both parties before making a decision.

It is crucial to seek legal advice from a family law attorney familiar with alimony termination in Connecticut in any of the situations discussed above. By doing so, you will have the necessary guidance to ensure the proper termination of alimony and avoid potential legal repercussions.

Working with an Experienced Connecticut Alimony Lawyer 

Considering the complexities of alimony laws in Connecticut, seeking advice from an experienced family lawyer can be highly advantageous for individuals going through a divorce. At McConnell Family Law Group, our skilled Connecticut family law attorneys may be able to offer valuable guidance on navigating the intricacies of the legal system, assist in negotiating fair and equitable alimony agreements, and effectively represent their client’s interests in court. Contact us today at (203) 541-5520 to learn more about how we can help. 

from McConnell Family Law Group https://www.mcconnellfamilylaw.com/how-long-does-alimony-last-in-connecticut/

Does It Matter Who Files for Divorce First in Connecticut?

The process of divorce can be complex and emotionally challenging, and it’s natural to have questions about how certain decisions may impact the outcome. One common query that arises is whether it matters who files for divorce first in Connecticut. Understanding the potential implications of being the first to initiate the divorce proceedings is essential for individuals contemplating this step. 

If you’re going through a divorce and need legal support and guidance, McConnell Family Law Group is here to help. Our team of experienced Connecticut divorce lawyers has extensive experience helping clients navigate the complexities of divorce proceedings. Whether you need help with child custody disputes, property distribution during the divorce, alimony, or other related matters, we are here to provide the guidance you need. We also offer assistance for couples who would like to consider divorce mediation and other alternatives to litigation. Contact us today at (203) 541-5520 to schedule a consultation and take the first step towards a brighter future.

Divorce Laws in Connecticut

Divorce in Connecticut is governed by the state’s divorce and family laws. These laws dictate the processes, requirements, and conditions that must be met in order for a divorce to be legally granted after being filed in a Connecticut court. The divorce process in Connecticut can include various aspects such as the distribution of property, alimony, child support, custody, and parenting plans. Each divorce case is unique, and the outcome can vary according to the specifics of the marriage, the circumstances leading to the divorce, and the decisions of the court.

In Connecticut, the legal term for divorce is “dissolution of marriage” and can be obtained through the state’s judicial system. In a divorce, the court grants a “decree of divorce,” which legally dissolves the marriage, allowing both parties to return to single status and potentially remarry.

Grounds for Divorce

There must be a legally recognized reason, or “ground” for a divorce to be granted in Connecticut. The state allows for both no-fault and fault-based grounds for divorce.

These grounds include:

• No-fault: Irretrievable breakdown of the marriage, which means that the couple has experienced an irreparable rift in their relationship and there is no possibility of reconciliation. This is the most common ground for divorce in Connecticut.
• Although rarely alleged, fault-based grounds include:
  • Adultery
  • Fraudulent contract (marriage based on deception)
  • Cruelty, abuse, or violence
  • Desertion for at least one year
  • Imprisonment of a spouse
  • Habitual intemperance (excessive alcohol or drug use)
  • Mental illness and confinement in a mental institution for at least five years

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No-Fault vs. Fault-based Divorce

A no-fault divorce in Connecticut is based on the irretrievable breakdown of the marriage, meaning that the couple agrees that their marriage is beyond repair and there are no reasonable prospects of reconciliation. All that is required is for one-party to make this claim, and the court will grant the divorce. In a no-fault divorce, the parties do not need to prove that either spouse was responsible for the breakdown of their marriage.

On the other hand, a fault-based divorce involves proving that one spouse caused the marriage’s breakdown by engaging in certain behaviors or actions, such as adultery or abuse. In a fault-based divorce, the spouse seeking the divorce must prove their allegations with evidence. 

In Connecticut, it is important to note that even if a fault-based ground is established, the court may still consider the parties’ conduct during the marriage when determining factors such as property distribution, alimony, and child custody.

Residency Requirements

To file for divorce in Connecticut, at least one of the spouses must meet the state’s residency requirements. These requirements include:

• One spouse must have been a Connecticut resident for a continuous period of at least 12 months immediately before filing for divorce, or for 12 months immediately preceding the date of dissolution. Note, how the complaint or cross-complaint alleges this factor is important. 
• The couple got married in Connecticut, and one spouse has resided in the state continuously since the marriage.
• The grounds for divorce occurred in Connecticut, and one spouse has resided in the state continuously since the grounds occurred.

Once the residency requirements are met and the divorce is filed, there is a 90-day waiting period before the court hears the case; however, this period may be waived, but requires the correct forms and affidavits to be filed to obtain the court’s approval.

Understanding the divorce laws in Connecticut can help guide you through what can be a complex and emotionally challenging process. It is advisable to consult with a family law attorney to help navigate the legal aspects of divorce and ensure that your rights and interests are protected.

Benefits of Filing First in a Connecticut Divorce

Filing first in a Connecticut divorce can offer certain advantages to the party initiating the process. Some of the benefits of being the first to file for divorce include establishing jurisdiction, early opportunities for negotiation, and gaining control over the process.

Establishing Jurisdiction

In Connecticut, jurisdiction refers to the authority of the court to hear and decide a divorce case. By filing first, you can ensure that the divorce is heard in a Connecticut court, providing you meet the minimum residency requirements. This way, you can avoid having your divorce heard in another state where your spouse may have moved, which might have different laws that you are not familiar with.

Opportunities for Negotiation

Filing first provides you with the opportunity to present your desired terms of the divorce to your spouse at the outset of the process. This can include matters such as child custody, child support, alimony, and distribution of assets. By putting these terms forward first, you can set the stage for negotiation and potentially reach a more favorable outcome. 

Gaining Control Over the Process

By being the first to file, you can set the timeline for the divorce proceedings. Filing first allows you to start organizing your case and preparing your arguments, giving you a head start over your spouse. Also, being the first to file can be beneficial psychologically, as it shows you are taking initiative and control in the situation. Whenever there is a hearing or trial you get to present your evidence first.

Possible Benefits of Filing First in a Connecticut Divorce	Potential Disadvantages
Establishing jurisdiction: Ensuring the divorce is heard in a Connecticut court, avoiding unfamiliar laws of another state where the spouse may have moved.	Costs and fees associated with initiating the process: Responsible for covering filing fees and other initial expenses. May incur legal fees if hiring an attorney.
Opportunities for negotiation: Presenting desired terms of the divorce first, setting the stage for negotiation and potentially achieving a more favorable outcome.	Possibility of provoking opposition: Filing first may provoke a strong reaction from the spouse, leading to a longer and more contentious divorce process.
Gaining control over the process: Setting the timeline for the divorce proceedings, organizing the case, and preparing arguments in advance.

Potential Disadvantages

While there are benefits to filing first, there can also be potential disadvantages you should consider. These may include costs and fees associated with initiating the process and the possibility of provoking opposition from your spouse.

Costs and Fees Associated With Initiating the Process

Filing for divorce in Connecticut requires payment of filing fees and other associated costs. By filing first, you are responsible for covering these initial expenses. Additionally, if you decide to hire an attorney, you may incur legal fees from the outset.

Possibility of Provoking Opposition

Taking the first step in filing for divorce may provoke a strong reaction from your spouse. This may result in your spouse becoming more antagonistic, potentially leading to a longer and more contentious divorce process. In some cases, a more collaborative approach may be beneficial, with both parties working together to file for divorce jointly.

Negotiating Strategy

Typically but not always, the Plaintiff will send over the first proposed term sheet to start the negotiation process. In some cases, it is beneficial to have the opposing party start the process. 

Preparing to File for Divorce

Gathering Documents and Information

Before filing for divorce, it is important to gather all necessary documents and information. This includes financial records, property deeds, tax returns, vehicle titles, loan documents, insurance policies, and other relevant documentation. Having a complete and organized set of documents can help ensure a smoother divorce process, and can be particularly important if the division of assets and debts is contested.

Understanding the Divorce Petition

The divorce petition, also known as a complaint for dissolution of marriage, is the initial document filed in the divorce process. It outlines the grounds for the divorce, as well as the requested terms regarding child custody, child support, alimony, and property division. It is important to understand the contents of the divorce petition, as it sets the foundation for the entire divorce process. If you are unsure about any aspect of the petition, it is advisable to seek legal guidance.

Considering Legal Representation and Resources

While it is possible to file for divorce without the assistance of an attorney, it is generally recommended to consult with a legal professional, particularly if there are complex issues involved. An experienced divorce attorney can help you navigate the legal system, protect your rights, and negotiate on your behalf. Additionally, there are resources available, such as mediation services and financial planning experts, that can be helpful in ensuring a smoother divorce process. Ultimately, the decision to seek legal representation and utilize resources should be based on your individual circumstances and the complexity of your divorce case.

Effects of Filing First on the Divorce Process

When one spouse files for divorce before the other, they have the opportunity to request temporary orders from the court, which can address various aspects of the divorce process. These temporary orders can help to provide stability and direction in the early stages of divorce and may include the following:

• Protective Orders: If there are concerns about violence or abuse, the spouse filing first may request a protective order. This can help protect the filing spouse and any children involved by limiting communication and contact with the other spouse. Additionally, the judge may order the abusive spouse to vacate the family home as a condition of the protective order. Filing first allows you to take control and ensure your safety during the divorce process.
• Child Custody and Visitation: Temporary orders related to child custody and visitation can be extremely important, especially in contentious divorces. By filing first, you can ask the court to grant you temporary custody of your children, as well as establish a visitation schedule. This can help to provide consistency and stability for the children during a difficult time, as well as allow you to maintain control over important decisions related to their care.
• Financial Concerns: Filing first also allows you to request temporary financial support, such as spousal support or child support. This can be crucial if one spouse is financially dependent on the other, or if there are concerns about one spouse dissipating assets during the divorce process. Additionally, temporary orders can be used to determine who is responsible for various household expenses, such as mortgage payments. It is common to seek contributions from another spouse for attorneys’ fees. 

Timeline and Procedure

Filing first also has an impact on the timeline and procedure of the divorce process, which may provide certain strategic advantages.

• Discovery process: In many cases, the spouse filing first can initiate the discovery process, which involves the exchange of information and documents related to assets, liabilities, income, and other relevant factors. By starting the discovery process, the filing spouse may be able to control the flow of information, and potentially uncover important evidence to support their case.
• Court hearings and mediation: The spouse who files first will typically have the upper hand when it comes to scheduling court hearings and mediation sessions. They can choose dates that are convenient for them, and potentially disadvantageous for the other spouse, which can create additional pressure on the other spouse to settle or concede on certain issues.
• Trial and Judgment: As previously stated, in the event that the divorce proceeds to trial, the spouse who filed first has the advantage of presenting their case first. This means that they have the opportunity to shape the narrative of the divorce and set the tone for the trial. Furthermore, the filing spouse may be considered more credible by the judge, as they were the one who initiated the legal process.

In conclusion, filing first in a divorce can provide numerous benefits, including control over temporary orders, the timeline of the divorce process, and the potential for a more favorable outcome. However, the decision to file first should be made after careful consideration and consultation with an experienced divorce attorney, as each case is unique and there may be circumstances where filing first is disadvantageous.

Getting the Help of an Experienced Connecticut Divorce Attorney from McConnell Family Law Group

In Connecticut, filing for divorce first may provide certain advantages, but it is not a decisive factor in the outcome of the divorce. The spouse who files for divorce first is known as the “plaintiff,” while the other spouse is known as the “defendant.” Being the plaintiff may allow for more control over the initial stages of the divorce process, including the choice of jurisdiction and the timing of court appearances. However, ultimately, the court will base its decisions on the facts and circumstances of the case, regardless of which spouse initiated the divorce. Therefore, while filing for divorce first may provide some benefits, it is not a guarantee of a more favorable outcome.

It may be more helpful to ensure that you have skilled legal help to guide you through the process and ensure that your rights are protected. By working with a competent Connecticut divorce attorney, you can be sure that any legal paperwork and considerations such as your and your children’s financial and emotional well-being are in safe hands. 

At McConnell Family Law Group, we understand the challenging nature of going through a divorce and the strain it can put on you and your family. We work diligently to provide legal services that are tailored to our clients’ specific needs and circumstances. Our experienced attorneys are here to guide you through every step of the way and protect your rights. Don’t wait to take action – contact us today at (203) 541-5520 to schedule a consultation and get the legal support you need.

from McConnell Family Law Group https://www.mcconnellfamilylaw.com/does-it-matter-who-files-for-divorce-first-in-connecticut/

Military Divorce Basics

Here at the McConnell Family Law Group, we are proud of our military heritage. Our experienced Connecticut military divorce attorneys offer 25% discounted rates for military members and their families. We can provide additional insight regarding crucial factors in your divorce such as the 20/20/20 rule or how your military benefits would be handled during your divorce. For more information about the services we offer for military families and their legal needs, contact us today at (203) 541-5520 or fill out our online form.

One misconception is that military divorces occur in military courts, which is not true. Like all divorces, military service members get divorced in civilian state courts. More on that below. Military divorces are different from traditional divorces in several respects. Perhaps the most significant differences are based on the rules and regulations that apply to these proceedings and the unique benefits that members of the military receive. Getting everything just right can be tricky without help from an experienced military divorce attorney.

Below are just a few facts about military divorces that you need to know if you are active-duty military personnel—or you are married to someone who is or was in the military.

1. Jurisdictional Requirements

In every divorce proceeding, the court must have jurisdiction to proceed with the divorce. Usually, court authority is appropriate wherever the person is living. However, in military divorces, jurisdiction is more complicated. Generally, court authority extends to where the service member is stationed or where they hold legal residence. Usually, a service member’s legal residence is where the military member is from originally, but not always. By way of example, a navy sailor that is presently stationed at the New London Naval Submarine Base in Groton, Connecticut, but is from California, could conceivably get divorced in either Connecticut or California. Several factors go into this decision including whether there are children, as well as whether the opposing spouse consents to jurisdiction in a state that does not have jurisdiction over him/her. Yes, it is complicated, and details matter.

2. Protection from “Default”

In Connecticut, active service members can “pause” divorce proceedings (called a stay), under certain circumstances when they are deployed. However, the active-duty member can also waive their right to stop the proceedings while they are deployed on active duty if they so choose.

In a typical civilian divorce proceeding by comparison, if the other spouse does not respond to your petition, then they are considered in “default.” Default generally means that they are not resisting the divorce and the petitioning party will get most, if not all, of what they have requested regarding property division, child custody, and related issues. A default judgment cannot be entered against a service member that is serving on active-duty out-of-state absent special circumstances.

3. Dividing Military Retirement Benefits

State property division laws still apply to military divorces. However, federal law also gives military members special rights when it comes to their retirement benefits from the United States. The Uniformed Services Former Spouses’ Protection Act will dictate how much of that account a former spouse can receive. In particular, spouses will not receive direct payment from the military unless they have been married for at least ten years which overlapped with military service. If a spouse is awarded a part of a military pension and they were married less than ten years, they would have to rely on their former spouse to remit payment. This can still be backed up with a court order, but direct payment is obviously preferable if possible.

4. Service of Process

You must still personally serve an active member of the military with the paperwork for the divorce. This can be tricky for those who are stationed overseas. However, the military member may also sign and file a waiver stating that he or she does not require personal service for the divorce. These waivers are common in uncontested divorces and even in divorces that involve a fair amount of negotiation.

5. Military Benefits

If you have been married to a military member for at least 20 years, and your spouse has been in the military for at least 20 years, and the two periods overlap for at least 20 years, then you, as their spouse, are entitled to most of the same benefits as your spouse. These include things like medical benefits, as well as commissary and exchange privileges. These benefits will apply as long as you remain unmarried.

Military Divorce Facts	Details
Jurisdictional Requirements	Court authority is based on the service member’s residence. Factors like children and spouse’s consent affect jurisdiction.
Protection from “Default”	Active service members can pause divorce proceedings during deployment. Default judgments cannot be entered against an active-duty service member serving out-of-state.
Dividing Military Retirement Benefits	State property division laws apply to military divorces. The Uniformed Services Former Spouses’ Protection Act determines the ex-spouse’s entitlement to retirement benefits. Direct payment is dependent on the duration of marriage and military service.
Service of Process	Personal service of divorce paperwork to the active member is necessary, although waivers can be signed and filed in certain cases.
Military Benefits	If married for at least 20 years and the periods overlap, the spouse is entitled to similar military benefits, including medical, commissary, and exchange privileges, as long as they remain unmarried.

Getting Help with a Military Divorce

You should not assume that even experienced family law attorneys will be able to walk you through your divorce involving military-related issues. You need an attorney who has experience with this unique type of divorce. McConnell Family Law Group has over 50 years of combined experience handling military divorces. In fact, two of our attorneys are Marine Corps veterans.

To learn more about military divorces or to schedule an appointment, contact us today at (203) 541-5520.

Greenwich military divorce attorney

from McConnell Family Law Group https://www.mcconnellfamilylaw.com/military-divorce-basics/

Equitable Distribution: A Brief Look At The Division Of Property In A Connecticut Divorce

Navigating the complexities of dividing marital assets can be a daunting task for couples going through a divorce. The process of determining what you retain and what your spouse receives can be both emotionally taxing and perplexing. Contrary to popular belief, assets and debts are not always divided equally in a divorce. In Connecticut, the legal framework follows the principle of “equitable distribution” when it comes to dividing property. This approach seeks to ensure a fair distribution of the couple’s assets, even if it does not result in a perfectly equal division.

To ensure that your interests are protected and that you receive a fair share of the marital assets, it is essential to enlist the help of a skilled Connecticut divorce lawyer. At McConnell Family Law Group, our team of experienced divorce attorneys may be able to help you navigate the complexities of the equitable distribution process, negotiate on your behalf, and advocate for your rights in court. Call us today at (860) 467-1455 to schedule a consultation.

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Is Connecticut a Community Property State?

Connecticut follows the principle of equitable distribution when dividing marital property, which differs from the community property system used in certain other states where assets are divided equally between partners. The division of property under equitable distribution is based on what is considered fair and may not necessarily result in a 50-50 split.

The court in Connecticut considers various factors when determining the equitable distribution of marital property. These include the length of the marriage, the age and health of each spouse, their individual incomes, and their financial requirements. Additionally, the contributions made by each partner towards acquiring, preserving, or appreciating the marital property, as well as their role in the family and household, are taken into account.

In certain cases, factors such as infidelity or abuse may also be considered when deciding the distribution of assets due to the dissolution of the marriage. It is important to note that equitable distribution applies solely to marital property, which includes assets obtained during the marriage. Separate property, such as assets owned by each partner before the marriage, inheritances, and gifts, are generally not subject to division.

Equitable Distribution is Meant to be Fair, not Equal

The goal of equitable distribution is to ensure that each spouse walks away from the marriage with his or her fair share of the marital estate. A 50/50 property split is not required for this method of property division. When dividing property, a judge will do his or her best to make sure there is a fair distribution of assets. For example, if a couple owns two vehicles, the court will likely award one vehicle to each spouse.

In Connecticut, family law courts have broad authority to award property to either spouse in a divorce, regardless of how it is titled, when it was acquired, or whether it was received as a gift or an inheritance. All property is considered marital property, which means that everything the couple owns is fair game when it comes to dividing things up during the divorce. For this reason, it is imperative to have an experienced family law attorney who can advocate for your interests in court and ensure you receive a fair distribution of assets.

Relevant Factors for the Equitable Distribution of Property

Connecticut courts must consider a number of factors when deciding which assets and debts to allocate to either spouse. These factors are set forth in Connecticut General Statutes § 46b-81, and are  further interpreted by relevant case law. Courts are not required to place equal weight on each factor, and may place greater significance on any particular factor in a given case. The relevant factors are:

• the length of the marriage;
• the causes for the break-up of the marriage;
• the age and health of the parties;
• the station of the parties;
• the occupation, vocational skills, employability, and income of the parties;
• the estates of the parties;
• the liabilities and needs of the parties;
• opportunity for future acquisition of assets and income; and
• the contribution of each party to the acquisition, preservation, or appreciation of assets.

When going through a divorce, each spouse can expect to get some, but not all, of what they want from the Court. The best way to make sure you are awarded a fair distribution of property is to have an attorney advocating for your interests. To learn more about the laws concerning asset and debt division and to find out what to expect in your own case, contact our office now for an initial consultation with a family law attorney.

Factors Considered in Equitable Distribution of Marital Property in Connecticut	Description
Length of Marriage	Longer marriages may result in equal property division.
Causes for Break-Up	Fault for breakdown may result in a smaller share of property.
Age and Health of Parties	Health needs are considered, particularly for older spouses.
Station, Occupation, Vocational Skills, Employability, and Income of Parties	Social and economic status and earning potential are considered.
Estates and Liabilities of Parties	Property value and debts/expenses are considered.
Opportunity for Future Acquisition of Assets and Income	Potential to earn or acquire assets in the future is considered.
Contribution of Each Party to the Acquisition, Preservation, or Appreciation of Assets	Role in acquiring or maintaining the property is considered.

Getting the Help of an Experienced Connecticut Divorce Lawyer

When going through a divorce, each spouse can expect to get some, but not all, of what they want from the Court. The best way to make sure you are awarded a fair distribution of property is to have an attorney advocating for your interests. To learn more about the laws concerning asset and debt division and to find out what to expect in your own case, contact our office now for an initial consultation with a family law attorney.

In Connecticut, the attorneys at McConnell Family Law Group are here to help you resolve all of your family law issues and concerns. To schedule your appointment and learn more about your options, contact us today at (203) 541-5520.

from McConnell Family Law Group https://www.mcconnellfamilylaw.com/equitable-distribution-brief-look-division-property-connecticut-divorce/

Essential Knowledge For A Connecticut Divorce

Navigating the complexities of divorce can be a daunting experience, especially when dealing with the unique intricacies of Connecticut’s divorce laws. For couples seeking to dissolve their marriage, understanding the legal landscape is crucial to achieving a favorable outcome. 

In an effort to provide clarity and guidance, our team of Connecticut divorce lawyers at the McConnell Family Law Group have compiled a list of 7 key facts related to Connecticut divorce laws. These facts will help you understand the specific aspects of Connecticut’s legal framework, as well as address common concerns that arise in divorce cases.

7 key facts about a Connecticut Divorce

1. Connecticut is a no-fault state

In some states, divorcing couples need to show grounds for divorce. Connecticut, however, is a “no-fault” state; Connecticut couples can petition for divorce without the need to set forth the reasons for the divorce. One of the advantages of divorcing in a no-fault state is that it helps to protect the privacy of the individuals involved by not forcing couples to state their reason for divorce in a court document. Despite being a no-fault state, fault can still factor in when the courts consider matters relating to the divorce, such as alimony and the assignment of property.

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 2. Connecticut’s residency requirement

Generally, in order to meet Connecticut’s residency requirement, at least one of the parties must be continuously domiciled in the state for 12 months before filing, or meet the 12-month deadline on the date of divorce.

3. Division of property in a Connecticut divorce

The state of Connecticut is an “all property equitable distribution state,” giving the court the power to distribute any and all property, regardless of how it was purchased or acquired, based on the consideration of several factors, to include:

• How long the couple was married
• The cause of the breakdown of the marriage
• Age and health of the parties
• Education, vocation, income, and earning capacity of the parties
• Liabilities and needs of each spouse
• The potential for future acquisition of money and other assets

4. Alimony in Connecticut

When a couple divorces in Connecticut, alimony is available to either party but is not guaranteed to be awarded to either. When alimony is being considered, there are four options for how the money is paid:

• No award
• $1.00 annually (this preserves the right to modify later if warranted by the circumstances)
• Lump-sum payment
• Periodic payment

In determining whether alimony is appropriate, the court again weighs the same factors as in the division of property.

5. Child custody

As in many other states, to determine custody Connecticut courts consider what custody arrangement is in the best interests of the child. To determine the child’s best interests, the court will weigh a number of factors including the child’s preference and the cause of the divorce.

6. Child support

The amount of child support awarded is calculated according to the guidelines laid out in state law. In addition to the standard calculated amount of alimony, the spouse will also be required to provide for medical expenses, as well as child care expenses that are necessary because of employment. The court does have the power to deviate from the standard calculations in certain cases, such as when there is an extreme expense related to visitation or when the child has an above-average need for financial support.

7. Penalties

All court orders relating to the divorce are enforceable and, as such, carry penalties for non-compliance. A party who violates a court order can be found in contempt, resulting in the payment of the other party’s legal fees or even jail time in extreme situations.

7 Key Facts about Connecticut Divorce	Details
No-fault state	Connecticut is a no-fault state, which means that couples can file for divorce without stating the reasons for the divorce.
Residency requirement	To file for divorce in Connecticut, at least one party must be domiciled in the state for 12 continuous months before filing.
Division of property	Connecticut is an all-property equitable distribution state. The court can distribute any and all property based on several factors.
Alimony	Alimony may be available, but it is not guaranteed. Four options for payment are available. The court will consider factors such as income, education, and earning capacity.
Child custody	Connecticut courts will consider the best interests of the child when determining custody. Factors such as the child’s preference and the cause of the divorce will be weighed.
Child support	Child support is calculated according to state guidelines. In certain cases, the court may deviate from the standard calculations.
Penalties	Court orders related to the divorce are enforceable, and non-compliance can result in penalties such as payment of legal fees or even jail time.

Connecticut Divorce Laws

In Connecticut, there are specific laws that both parties must follow during a divorce. While it can be difficult to comprehend the entire legal framework, understanding some essential regulations can help make the divorce process smoother.

To file for divorce in Connecticut, one of the spouses must have lived in the state for at least 12 months before the end of the divorce proceedings. There are exceptions to this rule, such as if one spouse lived in Connecticut when the marriage took place and intended to stay for an extended period or permanently or if the marriage dissolved after one spouse relocated to Connecticut.

Connecticut recognizes both no-fault and at-fault divorces. In a no-fault divorce, you only need to show that you and your spouse have officially separated for at least 18 months and want to divorce because of irreconcilable differences.

Obtaining an at-fault divorce in Connecticut is more challenging and requires the plaintiff, the person initiating the divorce, to present their case in court. The defendant, or the spouse being served, can respond with a rebuttal or request an extension.

At-fault divorces are typically sought when child custody disputes are likely to be contentious or when property and asset division may be contested. Proving your spouse’s fault could result in receiving a larger portion of the marital assets, and disagreements over alimony could also be a reason to pursue an at-fault divorce.

At McConnell Family Law Group, we understand that divorce is a difficult and stressful time for families, and we are committed to providing excellence in representation for Connecticut residents. For more information on how we can help, please contact us today.

from McConnell Family Law Group https://www.mcconnellfamilylaw.com/essential-knowledge-connecticut-divorce/

Divorce And The Military: The 20/20/20 Rule

Serving in the military comes with certain benefits, and during a marriage, the military spouse enjoys access to many of these benefits. However, this can also make a military divorce much more complicated than a civilian divorce; the non-military spouse may be unsure about which benefits they are entitled to, and the fight for pension and healthcare can get contentious. One “rule” that clears up military divorce is the 20/20/20 rule.

The McConnell Family Law Group places a special emphasis on military divorce cases. Both attorneys Paul McConnell and Matthew Crocket are veterans and still serving in the Marine Corps Reserves.  In addition, as with all first responders, we offer a 25% discount to all veterans and members of our armed services. Call the McConnell Family Group today at (860) 467-1455 to speak with a skilled Connecticut military divorce lawyer and learn more about how military pensions and benefits are handled during a divorce.

The Breakdown of the 20/20/20 Rule

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The 20/20/20 rule has three components. All three criteria must be met for you to have access to the same benefits as your military spouse:

1. Must have been married for at least 20 years
2. Spouse must have served in the military for at least 20 years
3. 20 years of the marriage must overlap 20 years of the spouse’s military service

If a military spouse meets all of these qualifications, they get access to the same benefits as the military member for the rest of their life—as long as they don’t remarry. This means that they receive Tricare, commissary and exchange privileges, and a portion of the spouse’s retirement pay. They may lose these benefits if they marry someone who is not a military member.

The divorced spouse must sign up for Tricare under their own name and social security number; they do not remain on the spouse’s policy. If an ex-spouse is covered by the 20/20/20 rule, their portion of the military spouse’s pension is paid directly to them by the Defense Finance and Accounting Service. This is beneficial in contentious divorces, as it limits direct contact between the parties after the divorce.

The 10-Year Rule 

Even if a marriage does not meet the 20/20/20 rule, the civilian spouse may still get direct payments from the DFCS if the marriage lasted at least 10 years and overlapped with 10 or more years of military service.

Rule	Criteria	Benefits
20/20/20 Rule	Married for at least 20 years, spouse served in the military for at least 20 years, 20 years of marriage overlap with 20 years of military service	Tricare, commissary and exchange privileges, and a portion of the spouse’s retirement pay. The divorced spouse also receives their portion of the military spouse’s pension if covered by the 20/20/20 rule.
10-Year Rule	Married for at least 10 years, 10 years of marriage overlap with 10 or more years of military service	Direct payments from the DFCS to the civilian spouse.

How Much Alimony Does A Military Wife Get?

In cases of military divorce, the 20/20/20 rule is applied to determine the benefits that a non-military spouse is entitled to receive. For eligibility under this rule, the couple must have been married for at least 20 years, the military spouse must have served in the military for at least 20 years, and the marriage must overlap with 20 years of the military spouse’s service. If these requirements are met, the non-military spouse can access the same benefits as the military spouse for life, provided they do not remarry. These benefits include Tricare, commissary and exchange privileges, as well as a portion of the spouse’s retirement pay.

If a marriage falls short of the 20/20/20 rule, but lasted for a minimum of 10 years and coincided with 10 or more years of military service, the civilian spouse is still eligible to receive direct payments from the Defense Finance and Accounting Service (DFAS). Under the 20/20/20 rule, the DFAS pays the ex-spouse their portion of the military spouse’s pension directly, which can be advantageous in contentious divorces by reducing contact between the parties after the divorce.

Military divorces are complex, and it is crucial to seek the assistance of a skilled Connecticut divorce lawyer to navigate the process. Even if the marriage lasted less than 20 years, the court may still award the civilian spouse a portion of the military member’s retirement. Each case is unique, and the parties may choose to split the pension or exchange it for other assets during the divorce.

Finding Solutions in a Military Divorce

Even though this aspect of military divorce is fairly simple, military divorces, in general, can be very complicated. It’s important to rely on the help of a divorce lawyer, rather than hope that the court will see things in your favor. Even if the marriage lasted less than 20 years, the court may still award the civilian spouse a portion of the military member’s retirement. Every situation is different; sometimes the parties split the pension, and in other cases, one side gives up their right to the pension in exchange for other assets in the divorce.

When divorce is inevitable, proper support is crucial. When you choose McConnell Family Law Group, you can feel confident that everything we do gets you closer to “Finding Peace Through Strength.” Contact us at (203) 541-5520 to schedule your consultation. 

from McConnell Family Law Group https://www.mcconnellfamilylaw.com/divorce-and-the-military-the-20-20-20-rule/

What Connecticut Courts Consider When Ruling On Child Custody

In Connecticut, child custody is divided into two types: legal and physical. Whoever receives legal custody has the right to make important decisions on the child’s behalf. Physical custody is also referred to as “primary residence” and it aligns with whichever parent (if not both) has the child living with them the majority of the time. Joint legal custody is the most common arrangement because it gives both parents an equal voice in bringing up the children. 

In some circumstances granting sole legal and physical custody to one parent is more advisable depending on several factors of your child custody case. Should that happen, the other parent generally receives a fair visitation schedule.  Under Connecticut law, there is a presumption that joint legal custody is in the best interests of the children (C. G. S. § 46b-56a(b)). In exceptional circumstances, such as those involving physical or substance abuse, sole legal custody may be rewarded.

Child custody is a central issue in family courts throughout the United States, and Connecticut is no different. Under ideal circumstances, a divorcing couple will negotiate their own agreement regarding custody and visitation, but if the break is a contentious one, chances are that custody will be another matter that they fight over. It is critical to seek the help of a Connecticut child custody attorney who may be able to protect your rights and your child’s best interests. Call us at the McConnell Law Firm today at (860) 467-1455 to learn more about how we can help.

The Best Interests of the Children

Judges decide custody by determining what arrangement is in the best interests of the children. Connecticut General Statutes Sections 46b through 56(c) note several factors that may be taken into account in reaching a decision. They include:

• The child’s own preference
• The ability of each parent to provide a stable home environment
• Which parent has the ability and availability to be active in the child’s life
• The stability of the child’s current home environment
• Length of time spent in the current home environment
• How adjusted the child is to his or her present home and school situation
• Whether or not the child has special needs and, if so, which parent may be more suited to meet those needs
• Any interference by one parent in the other parent’s relationship with the child
• Any history of child abuse or domestic violence
• Misconduct by either parent during the fight over custody
• Any other factor the court deems relevant

Connecticut couples who are separating/getting divorced and have children under the age of 18 are required to participate in a parenting education program within 60 days after filing their case in family court. This program consists of approximately six hours’ worth of classes that teach parents how to help their children adjust to divorce.

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What Does Primary Physical Custody Mean

In Connecticut, custody laws make a distinction between legal and physical custody. Physical custody determines which parent the child primarily lives with, while legal custody is responsible for making significant decisions about the child’s education, medical care, and extracurricular activities if the parents cannot agree. 

When both parents have physical custody, it is called joint physical custody, and the child spends significant time with each parent, which may not be equal. Alternatively, when one parent holds primary physical custody and the other is granted limited visitation rights, this arrangement is called “sole physical custody.” Advocates for sole custody might contend that it offers greater stability and security for the child. Regardless of the custody structure, one parent is identified as the primary custodial parent, while the other is referred to as the noncustodial parent. 

Visitation laws in Connecticut guarantee a minimum amount of visitation time for the noncustodial parent with their child. Although parents can develop their own custody agreements, it is crucial to consult an experienced Connecticut child custody attorney to establish an arrangement that prioritizes the child’s best interests.

Call us at the McConnell Law Firm today at (203) 541-5520 to learn more about how our skilled Connecticut child custody lawyers can help.

Factors	Explanation
Legal and Physical Custody	Connecticut courts consider both legal and physical custody arrangements. Legal custody gives a parent the right to make important decisions on behalf of the child, while physical custody refers to where the child primarily resides. Joint legal custody is presumed to be in the best interest of the child, but sole legal and physical custody may be granted in exceptional circumstances, such as those involving physical or substance abuse.
Best Interests of the Child	Connecticut courts make custody decisions based on what is in the best interests of the child. Factors that may be considered include the child’s preference, stability of the home environment, ability of each parent to be active in the child’s life, length of time spent in the current home environment, the child’s adjustment to their current home and school situation, whether the child has special needs and which parent may be better suited to meet those needs, any history of child abuse or domestic violence, misconduct by either parent during the fight over custody, and any other relevant factors.
Parenting Education Program	Connecticut couples who are separating or getting divorced and have children under the age of 18 are required to participate in a parenting education program within 60 days after filing their case in family court. This program consists of approximately six hours’ worth of classes that teach parents how to help their children adjust to divorce.

What This Means for You

Child custody arrangements are an important part of a separation or divorce, so it is essential to have an experienced family law team on your side as you navigate the complexities of legal paperwork and courtroom protocols. At the McConnell Family Law Group, we work to help you preserve your relationship with your children and see that it continues beyond the conclusion of the separation process or divorce action, whether it be in the form of legal and/or physical custody or a fair visitation agreement.

Attorneys from the McConnell Family Law Group practice throughout Connecticut.  If you would like more information about child custody, or any other family law issue, contact us at (203) 541-5520 to schedule your appointment today.

from McConnell Family Law Group https://www.mcconnellfamilylaw.com/connecticut-courts-consider-ruling-child-custody/

A Few Things To Consider Before You Move Out Of The Marital Home

A divorce is often a highly stressful event, and continuing to live in the same home with your spouse may seem unbearable. During this turbulent time, it is common for one spouse to either volunteer or be asked to move out. While it is understandable to want to move out to avoid conflict (especially in a divorce case where children are involved), leaving the marital home while the divorce is pending can have serious consequences. There are a number of things you should first consider before filing a divorce and moving out of your house.

First, under Connecticut law you have no legal obligation to move out of your home. When a divorce is filed in Connecticut, automatic court orders immediately go into effect. (CT Practice Book § 25-5.) The purpose of these orders is to maintain the “status quo” during the divorce. One such order expressly states that neither spouse may deny the other spouse use of their current primary residence. As long as you were living together at the time the divorce was filed, your spouse cannot force you to move out without a court order. If you nevertheless prefer to move out voluntarily, it is essential to seek the help of a skilled Connecticut family law attorney who can provide legal advise about how moving out of your marital home can have an impact on the outcome of your divorce.

Exclusive Possession

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While it may be difficult, or even impossible, for your spouse to force you from your home (absent domestic abuse allegations), it is much easier to keep you out after you have left voluntarily. After you move, your spouse may file a motion for exclusive possession of the home. (CT Practice Book § 25-25.) An award of exclusive possession is not determinative of either spouse’s claim to the home or its contents on a permanent basis. However, if granted, it will bar you from entering your home for the duration of the divorce proceedings.   This creates a significant obstacle when you need to retrieve important items from your home.

During the course of the divorce proceedings, you will be required to provide a multitude of financial documents and other relevant information. These items are usually left behind in your home when you move out. While your attorney can request these items during the discovery process, it would be less costly and more time efficient if you were able to obtain these documents on your own.

You will also have no access to personal items left within your home. While it is prohibited under the automatic orders, spouses have been known to sell, damage or destroy personal items belonging to the other spouse. This can occur immediately, whether there is exclusive possession or not. To make matters worse, it is often difficult to prove this transgression. Some evidence must be offered to prove the personal property existed to begin with, and people usually lack the forethought to take photographs or inventory their personal items before they move out during a divorce. Therefore, you should consider how much you trust your spouse with your personal and/or valuable possessions before you move out.

Financial Considerations

Moving out of the marital home before your divorce is final can also hurt you financially. While the divorce is pending, you will be required to continue making your usual financial contributions to the household. This means that if you were responsible for paying 50% of the mortgage, utilities, insurance premiums, tuition, etc., you will continue to be responsible for those payments until the divorce is finalized. Also, if you are the higher income spouse, you may be required to pay temporary spousal and child support. Consequently, if you rent an apartment or purchase an additional residence, you will find yourself supporting two households on your single income. For this reason, a spouse who moves out generally ends up in a less desirable living situation.

Child Custody

If you have minor children, moving out of the marital home may compromise your custody rights. Leaving your children behind, without a written agreement for temporary custody and visitation could create a problem.   A judge could view your actions as an indication that you do not need to live with your children and be involved in their day-to-day lives. Moreover, leaving your children in the care of your spouse may effectively concede the status of primary caretaker to your spouse. This could all weigh against you, particularly if custody is contested.

More importantly, any “temporary” custody and visitation arrangement in place while the children live in the marital home may become permanent if the judge determines that changing the current arrangement would be too disruptive for the children. For purposes of child custody and visitation, judges often prefer to maintain the status quo. Unfortunately, a new and less favorable status quo is created when you move out of the marital home.

Consideration	Potential Consequences	Course of Action
Exclusive possession of home	Spouse may file for exclusive possession, barring you from entering the home during divorce proceedings	Consider staying in the home, or filing your own motion for exclusive possession
Access to personal items	Spouse may sell, damage, or destroy personal items	Consider how much you trust your spouse with your possessions before moving out
Financial contributions	You may be required to continue making financial contributions to the household	Consider how supporting two households on a single income may impact your finances
Child custody	Moving out may compromise custody rights, and any temporary custody and visitation arrangement may become permanent	Consult with an attorney to make appropriate custodial preparations before leaving
Domestic abuse	Moving out may be necessary for safety reasons	Temporarily moving out of the home during the process of securing a protective order and exclusive possession may be the safest course of action

What Are My Rights If I Leave the Marital Home

When considering leaving the marital home during a divorce, it is important to understand the legal implications and potential consequences. Under Connecticut law, you have no obligation to move out of the home during a divorce, and doing so voluntarily may limit your access to personal items and financial documents necessary for the proceedings. Additionally, leaving the marital home can have financial implications as you may still be responsible for making usual financial contributions to the household and supporting two households on one income can be challenging.

If you have minor children, leaving the marital home without a written agreement for temporary custody and visitation could potentially compromise your custody rights. It is important to seek the advice of a family law attorney to make the appropriate custodial and financial preparations before you leave. This includes making copies of important documents, photographing and inventorying valuable assets and property, and establishing a temporary child custody and visitation agreement.

In cases where domestic abuse is involved, leaving the marital home may be necessary for your safety. If this is the case, it is important to take the necessary steps to secure your safety, including asking the court for a protective order and exclusive possession.

When You Should Move Out

Despite everything discussed, there are circumstances when you should move out of the marital home. The most obvious is when domestic abuse is involved. If there is domestic abuse in the home (physical/verbal) you should do whatever is necessary to secure your safety, including asking the court for a protective order and exclusive possession. Temporarily moving out of the home during this process is the safest course of action.

In addition, moving out may be the best option in a high-conflict divorce where children are involved. If you voluntarily move out to benefit your children, a judge will not hold it against you. In fact, if the judge finds that your leaving served the best interests of the children, the judge may consider that act as a factor when making the custody or visitation order (Connecticut General Statutes § 46b-83 (b)). Nevertheless, voluntarily moving out under these circumstances should be a last resort. A better course of action in many circumstances is to consult with an attorney and thereafter file your own motion to maintain exclusive possession and force your spouse to leave instead.

What To Do If You Must Move Out

If careful after consideration, you decide to move out of the marital home, you should consult with a family law attorney to make appropriate custodial and financial preparations before you leave.  An attorney will advise you and help you to complete the following tasks before you pack up and go:

• Make copies of important documents.
• Photograph and inventory valuable assets and property.
• Choose a location to move that is close to your children and their schools.
• Establish a temporary child custody and visitation agreement, preferably court-ordered.

In Connecticut, the attorneys at McConnell Family Law Group are here to help you resolve all of your family law issues and concerns. To schedule your appointment and learn more about your options, contact us today at (203) 541-5520.

from McConnell Family Law Group https://www.mcconnellfamilylaw.com/things-consider-move-marital-home/