Which Assets Qualify as Marital Property in a Connecticut Divorce?

If you are getting a divorce in Connecticut, you may worry about what will happen to your property in the divorce process. Often, one of the first questions people ask their divorce lawyers is, “Which assets qualify as marital property in a Connecticut divorce?” Understanding how local courts do an equitable division of the parties property can help you protect your interests and negotiate a fair outcome for your divorce.

How Connecticut Courts Treat Marital Property

If you have been looking up divorce online you may have come across the term “community property” or “marital property.” In some states, courts will treat most of the property owned by either spouse and debts incurred by them individually or jointly as community property to be split between the parties during a divorce.

But Connecticut is not a community property state. Instead, Connecticut courts follow the principle of “all-property” equitable distribution. Rather than distinguishing between “marital” and “nonmarital property”, Connecticut courts have jurisdiction over all the parties’ assets, including the marital home, retirement accounts, inheritances, vehicles, and other property, no matter when or how it was acquired or how it is titled. The court has authority to divide up those assets in a way that is fair and equitable. In other words, in Connecticut, all the parties’ property is considered marital property.

Is There “Separate Property” in Connecticut?

In many states, property owned prior to the marriage, or inherited or gifted to a party during the marriage may be considered “separate” and not part of the marital assets in divorce. In those states, that “separate property” is generally awarded to the person who acquired it. But as an “all-property” equitable distribution state, Connecticut treats premarital and marital property the same unless the parties have signed a prenuptial agreement or taken certain other steps to protect the property from division.

This doesn’t mean each spouse is necessarily entitled to half of the other person’s accumulated wealth, though. Instead, it is up to the courts to craft a resolution that is fair to both parties. If one party owned the property prior to the marriage, is the sole title holder, and took steps to keep the property separate, the fair thing to do may well be to award that property solely to the title holder. On the other hand, if that separate property was used by both parties during the marriage, an equitable division may be more appropriate.

Equitable Distribution Factors for Dividing Marital Assets in Divorce

In determining the fair and equitable distribution of the parties’ assets, Connecticut courts are not required to split the parties’ assets 50/50 or to equalize the values. While courts generally try to award property as close to “equal” as possible, the following factors may move the “needle” one way or the other:

• The length of the marriage
• The cause for the dissolution of the marriage
• The parties’ age, health, station, and occupation
• The amount and sources of income as well as earning capacity, employability, and vocational skills
• The liabilities and needs of each party
• The parties’ opportunities to accumulate new assets and income
• The contribution of each party to the acquisition, preservation and appreciation of the value of the assets

The factors aren’t all treated equally. The courts can give the factors different weight depending on the facts of the case, or even disregard factors that are not relevant to the case.

Remember that Connecticut is a no-fault divorce state. Even so, the reason the divorce is occurring may be relevant to the equitable distribution of property, especially when that fault is related to your financial circumstances. For example, if one party has concealed assets, gambled, accrued significant debt, or made risky business investments, those facts may be considered in reaching a fair and equitable division of the parties’ property.

Get an Equitable Division of Your Marital Assets

Given the flexibility Connecticut courts are given in dividing up the parties’ assets in a divorce, you want to have an experienced divorce attorney advocating for you when you go to court. The family law attorneys at Lawrence & Jurkiewicz can help you understand the laws and practice norms that are used in court, set goals for the division of your assets, and advocate for a fair and equitable distribution of assets. We represent clients in Hartford and Litchfield County who are dealing with difficult issues like divorce. To schedule a confidential consultation to see how we can help you, please contact us today online or at (860) 264-1551.