The Marital Residence
In many divorce scenarios, both parties often live together in a jointly owned home, commonly known as the "marital residence," at the time legal proceedings begin. This residence frequently becomes subject to equitable division by the court at a later stage. While variations may exist concerning which spouse is listed on the title or associated mortgage, the trial court holds the authority to either mandate a sale or assign the property to one party as part of the divorce process when deemed appropriate.
Per the Automatic Orders, as previously discussed, neither party can deny the other access to the primary residence without a court order, provided they are cohabitating at the start of the divorce. However, due to potential conflicts, particularly where minor children are involved, spouses may file a motion for exclusive possession of the marital home. This procedure temporarily allows one party to advocate for "just and equitable" interim possession of the home, excluding the other party, without yet determining the ultimate title holder upon final judgment.
A variety of factors may influence the court's decision to grant temporary (also known as "Pendente Lite," Latin for "while the action is pending") exclusive possession of the marital residence. A significant consideration involves any recent or ongoing violence in the home, notably if it has led to police action or involvement from the Department of Children and Families. In cases of physical abuse affecting a spouse or child, three primary options are available which can be pursued together or separately: criminal proceedings with protective orders, civil applications for relief from abuse, and the temporary exclusive possession of the home. Immediate or severe threats to safety should be addressed through law enforcement intervention.
Inheritance, Gifts & Trusts
During divorce proceedings, the Superior Court has the discretion to distribute inheritances and gifts received by either party, regardless of their origin. This decision is guided by a fairness assessment which considers various factors, such as the timing and value of the inheritance or gift, its use during the marriage, possession by one or both parties, and the intent behind its conveyance.
"Property" in the context of a divorce is defined as a current, enforceable right to receive income from the other party. Expectations of future inheritances do not constitute "property" and typically do not factor into the marital estate. In Rubin v. Rubin, the court ruled that an anticipated inheritance, stemming from a husband's potential future beneficiary status under his mother’s revocable trust, was a "mere expectancy" and not subject to division. However, parties in a divorce may choose to negotiate voluntary agreements regarding future inheritances to achieve a fair property division, often aiding in resolving contentious settlements.
Pension Benefits
Both vested and unvested pension benefits are regarded as marital property subject to fair distribution under Connecticut General Statutes § 46b-81. Once it's confirmed—whether through agreement or court order—that a pension will be divided, appropriate valuation and distribution methods must be determined. Two primary approaches are adopted in Connecticut: the present value method and the present division method of deferred distribution.
In the present value approach, the immediate value of pension benefits is first established, after which the nonemployee spouse's share is decided, potentially offset by awarding other property to balance the pension retained by the employee spouse. This method can sever financial ties immediately but can also place a substantial risk on the employee spouse, especially if anticipated pension benefits never materialize.
The present division method of deferred distribution, however, involves determining each party's percentage of the pension benefits at dissolution. Both parties receive their designated shares as monthly payments once the pension is activated, typically upon the employee spouse's retirement. Although this method carries forfeiture risks for both parties if benefits are never realized, it also necessitates a continued financial connection between the spouses over an extended period.
Contact Us
If you have any questions about how your marital residence, inheritance, gifts & trusts, and pension benefits 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.
