Connecticut is a pure "equitable distribution" state, which means that all property of the spouses is subject to distribution in a divorce. A court will consider the following factors when dividing assets:
- Length of marriage
- Causes for divorce
- Age, health, station, occupation, amount and source of income, vocational skills, employability, estate, liabilities and needs of the spouses
- Opportunity for future acquisition of capital, assets and income
- Contribution of each spouse to the acquisition, preservation or appreciation value of the assets
- Value of homemaker's services
Courts often attempt to restore the spouses to their pre-marital financial state when the marriage lasted only a short time. The property distribution is closer to a 50-50 split when the marriage lasted a long time.
It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth, and details such as account numbers, serial numbers and so forth. Collecting this information before you see a Connecticut divorce lawyer can save you a lot of time and money.
Alimony
A court can order alimony, as it deems reasonable, to either party in Connecticut. If alimony is not awarded at the final hearing, it can not be awarded later. In deciding whether to award alimony, a court will generally consider such factors as:
- Length of the marriage
- Age, health, station, occupation, amount and sources of income, vocational kills, employability, estate and needs of each spouse
- The property settlement
- Whether the custodial parent should work
- The court may consider marital fault
Child Custody and Visitation
In Connecticut, the court will make a child custody award based upon what is in the best interests of the child. The court may also consider such factors as:
- The child's preference
- Child's relationship with each party
- Which parent has demonstrated greater responsibility toward the child
- The ability of each parent to provide for the child's physical, intellectual and emotional well-being
- Which parent is more likely to foster frequent and continuing contact between the child and the non-custodial parent
Connecticut has a statutory presumption in favor of joint custody when the parents agree to it.
Child Support
In Connecticut, both parents are required to support their children according to their abilities. The amount of child support is fixed by a court in an amount determined by the court to be "fair and reasonable."
Child support is based on the combined net income of the parents and multiplying that figure by percentages that are stated in the child support guidelines. The percentages vary according to the number of children. The total child support obligation due is assigned to the parents according to the proportion of their individual contributions to the total income.
Courts may deviate from the guidelines when appropriate. Some of the factors courts may consider in setting support are:
- Educational needs of either parent
- Needs of the children presently supported by the noncustodial parent who are not subject to the current support action and whose support has not been deducted from the determination of the noncustodial parent's income
- Extraordinary expenses incurred by the noncustodial parent in exercising visitation rights
A Connecticut child support order can be modified if there has been a substantial change in circumstances, such as a big increase or decrease in either parent's income or the child reaching the legal age of majority and graduating from high school.
Related Web Links:
- State of Connecticut Judicial Branch
- State of Connecticut Judicial Branch - Family forms
- Connecticut Family Law
- Connecticut Child Support & Arrearage Guidelines
- Connecticut Child Support Resources
- Connecticut State Profile
- Family Law: Selecting a Good Lawyer
- Divorce - General message board for more help