Property Division & Alimony

West Hartford, Connecticut, Property Division Lawyers

Property division in divorce in Connecticut can be simple. In a long-term marriage, the two parties put everything into one pot and then decide how they want to divide it. Many couples enter into marriage thinking that what is mine is mine and what is yours is yours. In these situations, property division—particularly the requirement of full financial disclosure—can lead to surprises.  We try to minimize the negative impact of such surprises.

At the law firm of Swerdloff & Swerdloff in West Hartford, Connecticut, we will help you obtain what you are entitled to receive in a property division order and to retain what you are entitled to retain.

Premarital assets can often be retained by the person who brought them to the marriage, unless they become commingled with marital assets. The passage of time is one of the ways assets can become commingled. You may be allowed to retain recently acquired non-marital property such as inheritances and gifts, although this is not guaranteed. While personal to only one of the parties, personal injury settlements are a complex issue that would need to be addressed where applicable.

The marital property which often includes a house, a 401(k) account or other deferred compensation plans, a savings account, stocks, bonds, mutual funds, vehicles and personal property will be divided appropriately. State law requires that the judge dividing your assets look at many factors before making any final decisions as to property divisions. The judge is required to enter an order that is fair under all of the circumstances particular to your case. When we work out the division of marital property, we figure out a way that each party gets his/her share of the marital estate, valued in today's dollars. Debts and other financial obligations are divided in the same manner.

A divorce can be a very empowering experience for a disenfranchised spouse. In Connecticut, there is a requirement for full and complete financial disclosure prior to the entry of a divorce judgment. Married couples who keep separate bank accounts and who haven't inquired about the other party's assets or retirement accounts are often surprised to discover that they might be entitled to more than they thought—or less than they thought.

Connecticut does allow for alimony, also known as spousal support, when one party has a financial need and the other has an ability to pay. Failure to pay alimony at the time the judgment enters prevents you from ever returning to court in the future to seek alimony even if your circumstances have changed. If the court enters an order granting a party alimony, you can return to court for a modification if you are able to show a substantial change in circumstances since the divorce was granted.  For tax purposes, alimony is income to the receiver and deductible by the payer.

If you have a question or concern about property division or alimony, we invite you to contact attorneys Mark and Ileen Swerdloff today.