Marital Property
Many individuals have a basic understanding of "marital property" even before initiating divorce proceedings. Marital property encompasses any asset acquired during or before marriage that either spouse owns. This can include real estate, bank accounts, businesses, stocks, or household items, regardless of whose name appears on the title.
Equitable Distribution
Connecticut law, specifically Section 46b-81(a) of the General Statutes, outlines the court's ability to distribute marital property in divorce cases:
“At the time of entering a decree annulling or dissolving a marriage or for legal separation pursuant to a complaint under section 46b-45, the Superior Court may assign to either the husband or wife all or any part of the estate of the other. The court may pass title to real property to either party or to a third person or may order the sale of such real property, without any act by either the husband or the wife, when in the judgment of the court it is the proper mode to carry the decree into effect.”
This statute allows the Superior Court to allocate any portion of one spouse's estate to the other. The court can also transfer title of real property to either spouse or a third party, or order its sale to effectuate the divorce decree. This broad authority enables the court to fairly distribute assets, even ordering sales if deemed necessary by the court for equity in a divorce settlement.
Connecticut's Approach to Property Distribution
Connecticut is sometimes referred to as an "all property distribution state" or a "kitchen sink jurisdiction," meaning the court may consider all types of property—including premarital or inherited property—when dividing assets between divorcing spouses. Despite this approach, not all inherited property will be equally divided in every case. The court evaluates several statutory factors under Section 46b-81 to determine a fair division. These factors include:
- Age of the parties
- Health of the parties
- Station of the parties
- Each party’s occupation
- The amount and sources of parties' respective income
- Each party's vocational skills and employability
- Liabilities of the parties
- Relevant special needs
- Future earning capacity and prospects for capital asset acquisition and income
- Contribution of each party in acquiring, preserving, or appreciating the assets
A party's likelihood of retaining a particular asset after trial—or during negotiation—can be influenced by recent court decisions and thorough discovery to support the best possible arguments. However, given the Superior Court's extensive discretion in asset distribution, neither spouse nor attorney can be certain that specific property will be excluded from equitable distribution in all circumstances.
Post-Divorce Distribution Order Limitations
It's important to note that Section 46b-81 restricts courts from modifying property distribution orders after the divorce concludes. Exceptions are minimal, including situations like fraud, mutual mistake, or when enforcing a prior order. Additionally, parties may agree the court retains jurisdiction to resolve disputes arising during property division order implementation. Such scenarios might occur when disagreements arise about selling a home, such as choosing a broker or adjusting the price, or the division of specific retirement accounts.
Contact Us
If you have any questions about your marital property and its how it will be distributed in your 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.
