Many people in Connecticut own shares of family businesses set up to keep the entity and its profits within the family unit. Sometimes closed corporations involve small groups of friends or acquaintances as the sole shareholders, restricting business ownership...
Westport Family Law Blog
When is a trust a marital asset subject to division in divorce?
Is a trust a “mere expectancy” as it pertains to classification of potential property interests as marital or nonmarital? If an interest is sufficiently certain and concrete, it is marital property subject to equitable distribution between divorcing litigants. If the...
Accounting for copyright interests in Connecticut divorces
Norman Lear. Charles Edward Ives. Annie Leibovitz. Michael Bolton. Stephenie Meyer. Connecticut has no shortage of accomplished artists, writers, musicians, architects, playwrights, photographers, songwriters and other creatives. And when they produce artistic works,...
A deep dive into dissipation of marital assets
Sometimes when a marriage breaks down, one spouse may unreasonably dissipate, squander or misuse marital funds or other marital assets. The actions may result in difficulties, including litigation in the division of marital property in a divorce. Legal restraint on...
Connecticut alimony: Imputing passive income to underperforming investments
In a recent post, we discussed the Connecticut court’s power to impute salary or wage income to a payor spouse in the crafting of an alimony award. This issue arises when the litigant who would pay alimony is unemployed, underemployed or overqualified for their job,...
New judicial direction on when a potential asset is a mere expectancy
On Feb. 7, 2023, the Appellate Court of Connecticut released an opinion in D.S. v. D.S. that provides new guidance for judges, lawyers and spouses contemplating whether a divorce litigant’s prospective ownership interest in property is concrete enough to classify it...
Connecticut alimony: Earning capacity and imputed income
In divorce, a judge can order the spouse who earns more to pay spousal support to the other to enable them to continue the lifestyle of the marriage or to help meet their future needs. Or the litigants may negotiate a marital settlement agreement that includes...
Intangible contributions to a marriage may have value in Connecticut divorces
Dividing property in a Connecticut divorce requires more sophisticated analysis. The process involves far more than merely identifying and distributing assets to the litigants. The family court rules include provisions for mandatory disclosure of finances and assets...
CT custody law provides a framework for dealing with parental alienation
Some parents divorce or separate amicably and can negotiate child custody and visitation arrangements. But many marriages and relationships end in conflict, resentment or anger, making litigation more likely. Unfortunately, sometimes custody and visitation decisions...
Interstate child custody disputes under UCCJEA: The child’s home state
Modern American child custody disputes regularly spill across state lines, creating logistical and legal complexity, and sometimes confusion. To create an orderly process for resolving these conflicts, Connecticut, along with all other states but Massachusetts, plus...