Property Division

Parties who are seeking to dissolve a marriage in Connecticut will be subject to a division of property that is deemed to be fair and equitable, rather than a 50/50 allocation under the dictates of community property states. This means that one party may receive a greater percentage of the total property and assets of the couple in the interest of fairness.

Parties may agree to a settlement that details how the marital property will be divided, but when this accord is not possible, a Connecticut family law judge is going to consider the following factors:

• The length of the marriage;
• The assets that each party brought into the marriage (Connecticut courts will consider separate property in effectuating a division of property and may include separate property in the distribution, depending upon the circumstances);
• The health and age of each spouse;
• The lifestyle enjoyed by the couple during the marriage;
• The educational background, career, and earning potential of each person;
• The parties’ ability to support themselves through a career or other means after the divorce;
• Whether one spouse had primary responsibility for managing the household and caring for any children of the marriage;
• The manner in which each spouse contributed to the growth of the assets and net worth of the couple; and
• Whether the actions of one party led to the dissolution of the marriage – the judge can consider any bad acts, such as adultery or fraud, in determining how the property will be divided.

When moderate to high net worth assets and income are at issue in a case, the division of same may require the use experts, including those who can evaluate a business or professional practice. Other expertise may be necessary to analyze retirement accounts, deferred compensation, stock plans, and other assets that may not be payable for many years, in order to be certain that the parties are treated fairly. Even the household furnishings, antiques, and artwork may require the involvement of third-party professionals to ensure that each party receives the appropriate share of the marital property. When there is a business or professional practice, there are complex analyses that must take place in order to place a value on the enterprise.

Efficient, Effective and Experienced Legal Representation

Attorney Sheila Cascio founded The Law Offices of Sheila S. Cascio in order to provide clients with sophisticated and compassionate legal advice and representation when they are going through a divorce. Individuals throughout Connecticut and New York regions are invited to contact the firm online. You can also call (203) 939-9411 to reach Attorney Cascio at her Norwalk office, or call (203) 885-0042 to schedule an appointment at the upper Fairfield County location.