Opinion
No. FA-07-4007017 S
March 5, 2008
MEMORANDUM OF DECISION
This is a dissolution of marriage action which was tried on February 28, 2008.
The parties were married on September 25, 1993 in East Hartford, Connecticut. Both have lived within Connecticut for longer than twelve months before the commencement of this action. There were no children issue of the marriage.
The parties disagree on the distribution of assets and alimony. In determining the equitable distribution of assets and alimony the Court is guided by the provisions of §§ 46b-81 and 46b-82 of the general statutes. O'Neill v. O'Neill, 13 Conn.App. 300, 311-12 (1988), Costa v. Costa, 57 Conn.App. 165, 174 (2000).
Discussion
The wife is 45 years of age and the husband is 46. They met when they were both employed at the State of Connecticut Labor Department. The wife, who has about 1 1/2 years of college was then employed as a clerical worker. The husband has a degree (B.S) in business from Central Connecticut State University. He was employed as a claims examiner for the Labor Department.
The wife, at the time of marriage, did not have significant assets while the husband brought approximately $50,000 to the marriage. They lived in an apartment which the wife had been leasing. Her salary at that time was about $24,000 while his was about $35,000 (per year).
The husband left his job with the state about one year after the marriage. He collected unemployment for a time but he has not worked since sometime in 1994. The wife's salary has been the couple's only source of income since then. In June 2007, they separated and the husband has been living with his father since shortly after they separated.
Prior to the separation, he had been becoming progressively more verbally abusive toward his wife and in June 2006 she called 911 which culminated in his arrest and a protective order against him. (He expects the criminal case to be disposed of once the divorce is finalized and the charge was relatively minor.)
The Court concludes that his worsening behavior toward his wife is the principal reason for the breakdown of the marriage.
The husband's present financial circumstances are dire. He has no income and is supported by his father. His sole asset is a 2002 Honda Accord, which was the family car but which the wife transferred to him. The wife paid off the auto loan on that car so it is unencumbered. He estimates its value at $3,000. (Blue Book Value is $8,000.)
The husband's initial contribution to the marital estate ($50,000) is easily offset by the more than eleven years the wife's income was their sole source of support.
He testified that he is unable to work because of his medical condition which he described as severe depression. He has been treated for that condition both out-patient and in-patient. He continues to be medicated for depression (Exhibits A and B). While his exhibits and his own testimony establish that he suffers from depression, sadness, a dependant personality, and suicidal ideation, they do not state that he is unable to perform any job whatsoever, assuming he is appropriately medicated.
He has recently applied for Social Security Disability. His application is pending and he has not yet had his initial interview. The wife has a present net income of $566 per week. She is the office manager of the East Hartford Department of Public Works.
ORDERS
Dissolution: The marriage has broken down irretrievably. It is ordered dissolved on said grounds.
Alimony: The wife shall pay rehabilitative alimony of $50 per week for fifty-two weeks. It is not modifiable as to term. The purpose of this order is to give the husband the opportunity to obtain SSD, SSI, or employment.
Property: The parties shall retain their separate bank accounts, motor vehicle and items of personal property in their possession. The wife shall make a reasonably diligent search for their wedding video and photographs. She shall turn them over to the husband if found.
Medical Insurance: Each party shall be responsible for his or her own medical expense and insurance (the husband explicitly withdrew his request that the wife pay his COBRA costs of almost $600 per month, stating he recognized it to be prohibitively costly).
Pension/Life Insurance: Each party shall retain their interest in any insurance plan. In view of the alimony order and the automobile given to the husband she shall retain her interest in her pension with the town of East Hartford.
Debts: Each party shall be responsible for the debts shown on their financial affidavits.