Property Division

Understanding Property Division in Connecticut

Dividing a family’s property during the divorce process can be a contentious and emotional experience. Property represents hard work, memories, comfort, success, and security. Uncertainty makes the property division process even more stressful. It is important to have an experienced divorce lawyer guide you through the process and help you understand the issues you will be facing.

Equitable Distribution

Connecticut is an “all property equitable distribution” jurisdiction state. This means that a couple’s assets aren’t just divided up 50-50 as in community property states. In Connecticut, a court will consider a long list of factors set forth in Connecticut General Statutes to determine what division of property is “fair” under the circumstances. These factors include:

The length of the marriage
The causes for the divorce
The age and health of each spouse
The occupation of each spouse
The skills and employability of each spouse
The assets, liabilities, and needs of each spouse
Each spouse’s opportunities for future acquisition of assets and income
The contribution of each spouse to the acquisition, preservation, or appreciation of each spouse’s assets

The “contributions” of each spouse include both monetary and non-monetary contributions. Time and energy spent taking care of the family home and children, for example, are considered valuable contributions. The factors are not weighted equally by judges, nor is any one factor the most important. Courts have a great deal of discretion in determining how to balance the factors.

The Equitable Distribution Process

In Connecticut, the equitable distribution process involves three key stages: classification, which is determining what is marital property; valuation, which is determining the fair market value of the property; and distribution, which is how the property is divided.

Resolving Property Division Issues

In some cases, parties are able to negotiate a settlement. A mediator can help the parties work out an agreeable division of assets, or parties and their attorneys are able to avoid trial and work out a settlement agreement. In other cases, parties do not agree on aspects such as the value of certain assets, or the equitability of a proposed distribution of assets. When parties are not able to come to an agreeable settlement, then the matter may need to go to trial.

Getting the Help You Need

The daunting and stressful process of divorce is a lot more manageable with the guidance of an experienced Connecticut divorce and family law attorney by your side. The attorneys at Flaherty Legal Group can explain the divorce process, discuss possible outcomes, and help you work through times of uncertainty. The best outcome is often achieved when parties agree to an amicable resolution. In more contentious cases when such a resolution is not possible, the attorneys at Flaherty Legal Group and their decades of experience litigating divorce matters in court helps clients stand their ground. Flaherty Legal Group is located in West Hartford, and represents clients throughout Connecticut in all family law matters including high net worth divorce. Please call us at (860) 831-3649 or contact us online.

Firm Partners

Sandi B. Girolamo has been practicing family law for over 20 years. In that time, she has been selected to Connecticut Super Lawyers in every year since she became eligible in 2011. She was also elected to the prestigious Connecticut Bar Foundation James W. Cooper Fellows Program. Attorney Girolamo has tried many cases in Connecticut Family Courts, and she has also averted the need to go to trial for many clients by negotiating equitable settlements. Sandi is an experienced divorce and family law attorney who is known for her keen approach to handling custody issues.

Pamela M. Magnano practices in the area of family law, representing clients in divorces, legal separations, support issues and child custody matters in Connecticut. Since 2003, Attorney Magnano has represented clients and children at all levels of family proceedings and has appeared in family courts throughout the state of Connecticut. She has been selected to Connecticut Super Lawyers in every year since she became eligible in 2014, and was elected to the prestigious Connecticut Bar Foundation James W. Cooper Fellows Program. Pam has developed in her 20+ year career a solid foundation in handling financial issues in divorce and family law cases.

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