Also known as equitable distribution, property division is the process of dividing property rights and obligations between spouses during the process of a divorce. Property division may be agreed upon between the soupses through a property settlement, or it may be decided in court during the judicial process of divorce. The process of property division is affected by state laws such as community property laws, definitions of marital contributions, etc.
Connecticut is an equitable distribution state, and assets acquired both during and prior to the marriage can be subject to division following divorce. Some factors considered by Connecticut courts in a property division case include non-monetary contributions, contributions to a partner's education, economic misconduct and a list of other factors defined in Connecticut law. This page summarizes the most important aspects of property division laws in Connecticut.
| ? Community Property | |
| ? Only Marital Community Property Divided | |
| ? Statutory List of Factors | |
| ? Contributions made within a marriage. Such as | |
| ? Economic Misconduct | |
| ? Contribution to Education | |
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Connecticut divides marital assets via equitable distribution, which means that the court attempts to divide marital assets in a fair and equitable manner between the spouses, taking multiple factors into account in order to determine the equitable distribution for each spouse.
Under Connecticut law, marital property is that which is acquired or is a direct result of the labor and investments of the parties during the marriage is subject to equitable division. Equitable division does not mean marital property is divided equally, it is divided in manner that results in a fair or equitable result for each spouse.
The court will consider the following factors in dividing property: the length of the marriage, the reason for the divorce, the age of each spouse, social standing of each spouse, occupational and vocational skills of each spouse, debt obligations, current income and each spouse's contribution to the value of the marital property.
Alternatively, non-marital property or property defined as property acquired by one spouse prior to the marriage or property acquired by one spouse by gift, inheritance, bequest or devise, even though during the marriage, remains that spouse's separate property is not subject to equitable division.
Connecticut Property Division FAQ
Connecticut is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.
Instead, Connecticut judges determine property division under the equitable distribution policy, which means that the court divides property between the spouses in what is believed to be a fair distribution, based on each individual's contributions to the marriage and their earning ability and needs following separation. Factors such as one spouse's economic misconduct may also be considered.
In practice, judges in an equitable-distribution state like Connecticut often divide marital property with approximately 2/3 of marital assets going to the higher-earning spouse, and 1/3 going to the lower-earning spouse.
Connecticut is one of a minority of states that not only divide marital or community property acquired during the course of a marriage, but may also divide assets earned prior to the marriage regardless of which spouse is the title owner. This may result in a significant surprise for spouses who entered a marriage with high-value assets.
Connecticut law allows courts to consider economic misconduct of a spouse as a factor in determining equitable property division. Economic misconduct generally means dissipation of assets, which is the legal term for the wasting or loss of marital funds or assets by a spouse through means like excessive spending, gambling, fraud, etc.
If a spouse is found to have dissipated marital funds in a way that injured the other spouse, the court may take punitive or restorative action by awarding a higher percentage of divided property to the injured spouse.
Connecticut statute does provide for court consideration of a spouse's contribution to their partner's education during the course of a marriage. If one spouse supported (financially or otherwise) the other and enabled them to obtain education or other training that increased their earning power, these contributions can be considered by a Connecticut judge when determining how to divide marital property.
A prenuptual agreement, or pre-nup, is a binding legal contract signed by both spouses prior to getting married in Connecticut. A prenup containing a property division agreement can take precedence over Connecticut's property division laws by establishing what is considered as separate vs marital property, as well as agreeing on how finances will be structured during the marriage and divided in the event of a divorce.
The existance of a valid prenuptual agreement can prevent a Connecticut court from having full reign to determine how assets are divided between the spouses, and instead allow them to be divided in a way agreed to by both spouses prior to the event.
A Connecticut property division order is a court order issued by a court order issued by a judge, describing how property is to be divided between spouses following a divorce. A property division order is a binding legal obligation, and failure to comply with the terms in full by either spouse can result in being charged with contempt of court. If your spouse is not complying with a property division order, you can consult a family lawyer to discuss potential legal avenues.
No dower or curtesy when marriage occurred after April 20, 1877 (§46b-36)
Section(s):
C ONN . GEN. STAT. § 46B-81
(a) At the time of entering a decree annulling or dissolving a marriage or for legal separation pursuant to a complaint under section 46b-45, the Superior Court may assign to either spouse all or any part of the estate of the other spouse. The court may pass title to real property to either party or to a third person or may order the sale of such real property, without any act by either spouse, when in the judgment of the court it is the proper mode to carry the decree into effect.(a) At the time of entering a decree annulling or dissolving a marriage or for legal separation pursuant to a complaint under section 46b-45, the Superior Court may assign to either spouse all or any part of the estate of the other spouse. The court may pass title to real property to either party or to a third person or may order the sale of such real property, without any act by either spouse, when in the judgment of the court it is the proper mode to carry the decree into effect.
(c) In fixing the nature and value of the property, if any, to be assigned, the court, after considering all the evidence presented by each party, shall consider the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate, liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income. The court shall also consider the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates.
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