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...
Westport Family Law Blog
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...
CT Supreme Court’s latest on alimony: The Oudheusden case
Connecticut law does not provide an absolute right to alimony. Courts are not provided with a mathematical formula, or a “alimony calculator” to determine value should the trial judge determine that spousal maintenance is appropriate. Litigation involving disputes...
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...
Binational parents, the Hague Convention and international child abduction
It is not uncommon for people from different countries to marry or have children together. Of course, this can bring complicated, binational custody and parental access issues should they divorce or end their relationship. After all, their extended families, support...
Division of a professional practice in Connecticut divorce
In a divorce, either or both spouses may own a professional practice or have an interest in such a firm – whether it be law, medical, dental, orthodontic, accounting, tax or another specialty. Connecticut law gives judges wide discretion in making decisions involving...
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...
Impact of nonmonetary spousal contributions in a Connecticut divorce
In a Connecticut divorce, there is no simple formula for dividing assets. The courts are not tasked with merely adding up total assets and dividing by two in a clear-cut mathematical operation. Connecticut law gives judges broad discretion when dividing assets between...
Connecticut courts’ approach to unvested stock options in divorce
The Connecticut statute that governs equitable property division in divorce does not define “property,” which has left it to our courts to do so on a case-by-case basis. CT Gen. Stat § 46b-81. Basically, before the judge can craft a fair property division, they must...