One of the significant uncertainties that divorce clients face at the beginning of the divorce process is the likely result of either party's request for alimony, or spousal support. In many marriages, one individual largely supports the other, or there exists an imbalance in earnings throughout the marriage. This imbalance often results in the couple sharing their financial responsibilities in a manner that suits the family while the marriage is intact. However, upon divorce, the spouse who was financially supported may now be facing the possibility of seeking additional employment or receiving spousal support — whether rehabilitative or for an extended term — to help meet ongoing financial obligations.
Addressing the most common question first: there is no specific "formula" for alimony in Connecticut. Judges, family law practitioners, and family relations counselors may use different guidelines in various cases, but the length, amount, and terms of alimony are tailored to each individual situation. This can lead to a range of outcomes, reflecting the diverse facts presented before the Superior Courts on a regular basis. An alimony award primarily arises from a spouse's "continuing duty to support" the other, even after the marriage has ended. This duty is regulated by Connecticut General Statutes § 46b-82.
In Connecticut, courts have the authority to grant alimony awards during dissolution proceedings or upon judgment. If a party does not receive an alimony award during the initial proceedings, they cannot later request alimony from the court. Recognizing that an immediate alimony order may not always be appropriate, courts sometimes issue a nominal award, often as little as one dollar per year. This nominal award effectively suspends the payor's obligation but preserves the recipient's right to seek alimony in the future. Such orders may include conditions or timeframes for the termination of alimony, or may specify that an automatic modification will occur after a particular period.
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If you have any questions about how alimony is determined in the case of divorce, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.