How Is Property Divided During A Connecticut Divorce?
While divorces are never easy, they can become increasingly contentious when assets need to be divided – including homes, retirement funds, investments and bank accounts, just to name a few. In the end, if you and your soon-to-be ex-spouse are unable to reach an agreement regarding the division of assets, the court will have to step in and resolve the issue for you.
When it comes to property division during divorce, Connecticut is an equitable distribution state, meaning courts do not necessarily divide property equally, but fairly. Unlike many other equitable division states, however, Connecticut courts have the power to divide all assets and property owned by either spouse, regardless of when you or your spouse acquired them.
For example, in most states, courts distinguish between marital property (property acquired while during marriage) and separate property (property acquired before marriage or through gift or inheritance), with only marital property being subject to division upon divorce. Conversely, Connecticut courts do not have to make this same distinction, and therefore can divide all property.
However, since courts must consider how a particular asset was acquired when dividing it, they will often award certain assets to one spouse if he or she owned them prior to marriage – although this is certainly not guaranteed. Other factors a court may consider include:
- The duration of the marriage
- The reasons for the divorce or legal separation
- The age and health of either spouse
- The occupations of either spouse, including whether one spouse was a stay-at-home parent
- The sources of income and earning capacity of either spouse
- The education, skills and employability of either spouse
- The needs of either spouse
In short, property division in Connecticut can vary greatly depending on the circumstances of your marriage and divorce, which is why it is often best to consult with an experienced divorce lawyer.
Your Future Is Too Important Not To Call Us
How a court divides your property during divorce can have a direct impact on your future. To speak to an experienced attorney regarding your divorce, contact D’Agosto & Howe, LLC. We can explain your rights and guide you through this complex process.
To schedule your FREE initial consultation, call us at 203-538-9026 or toll free at 800-749-8616, or email us online. We serve clients in and around the City of Shelton, including those in Bridgeport and New Haven.