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...
Property Division
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...
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...
Valuation and division of obscure collections in Connecticut divorce
People can collect anything, and they often choose unique, rare or unusual objects on which to focus their time, energy and money. Nostalgia, obsession, investment, knowledge – the thrill of the hunt – whatever the reason for pursuit of a particular type of object,...
Executive perks and divorce: Identification, analysis and valuation
Perquisites, usually called perks, are benefits an employer gives to an executive or employee over and above salary or wages. Perks can be valuable and may significantly enhance the lifestyle of the executive and their family members. Perks may be classified as...
Enforceability of premarital agreements in divorce: When does unfairness become unconscionable injustice?
Recently, the Connecticut Supreme Court issued a ruling in Grabe v. Hokin that elaborates on unconscionability as a basis for finding a prenuptial agreement unenforceable between divorce litigants. Connecticut law gives judges the power to decline to enforce a...
Information disclosure duties of divorcing litigants in Connecticut
We start with a simplified explanation of what happens to property and debt when someone files for divorce. First, imagine at the time of filing a snapshot of all assets and liabilities of the parties whether joint or personal to one of them. Second, Connecticut law...
Valuation of foreign real estate in Connecticut divorce litigation
It can be a challenge to establish the value of real estate in a foreign country from a distant U.S. courtroom. Judges face this issue in contested divorces when one or both litigants own land, homes, other buildings or commercial real estate overseas. The court needs...
Role of timing and relationship status in marital asset dissipation claims
When a Connecticut court equitably divides marital property between divorcing spouses, a potential issue for dispute may involve whether either of the litigants wrongfully dissipated marital assets. For example, did one of them take an expensive vacation or give large...
Curate the evidence: Issues of fine art in Connecticut property division
In divorce, a Connecticut court has wide discretion to assign value to assets the judge will allocate to one or the other divorcing spouse. Obviously, a piece of art does not have a precise, universally accepted value like an account or a share of stock. When...