Is Connecticut a Community Property State?
When you divorce, you must make important decisions about your previously shared property. Who will get the house, the car, payouts from retirement accounts, or investments?
Ordinarily, state law sets the rules for the family court to determine property division. However, you and your spouse may agree on a fair division or follow the terms of a prenuptial agreement.
We often hear clients ask, “Is CT a community property state?” No, Connecticut is not a community property state. Instead, Connecticut is an “equitable distribution” state and considers all property owned by the spouses as property to be divided fairly. Our divorce lawyers will explain how Connecticut property laws will affect your divorce.
For immediate assistance, please don’t hesitate to send us a message or call (860) 561-0651 today.
What Is Community Property In A Divorce?
Connecticut considers “all property” owned by the spouses at the time of the divorce to be subject to division. It does not matter when you acquired the property or who is listed on the tile.
Also, unlike many states, Connecticut includes gifts and inheritances in the distribution. This is often a surprise for many clients and something to consider before entering into any negotiations.
Further, Connecticut considers non-monetary contributions to the marriage. The court will value household chores, cooking, homemaking, taking care of children, or supporting their spouse professionally. And if you supported your spouse while they were in school, the court will consider that contribution as well.
What Is Equitable Distribution in a Divorce?
Once the court classifies the property as marital property, the court will determine an “equitable” or fair distribution. Property distribution will not necessarily be equal in a Connecticut divorce. Instead, the court will examine several factors to determine fairness based on the circumstances.
These factors include:
- The length of the marriage;
- The reasons for the divorce;
- The ages and health conditions of each spouse;
- Each spouse’s current income, employment, and employability;
- Each spouse’s assets and liabilities;
- Each spouse’s ability to acquire income and be self-sufficient; and
- The contributions made by each spouse to the acquisition, preservation, or appreciation of marital assets.
In addition, The court will consider whether a spouse acted in a way that caused a “dissipation of assets” (improperly spending marital funds).
Typically, when courts find “economic misconduct,” there is clear evidence of excessive spending, gambling, or fraud. In the case of such misconduct, the court may award one spouse a higher percentage of the distribution as punitive or restorative action.
Contact an Experienced Connecticut Divorce Lawyer for Help
Connecticut’s equitable distribution approach gives you options during your divorce.
Because property division is determined case-by-case, attorneys can generate creative and unique arguments to procure satisfactory solutions for their clients. The law also allows you to work with your spouse and draft your property division terms without the need to go to court.
Whether your divorce is complex or straightforward, the attorneys at StangerLaw LLC can help. We know divorce is challenging, and you’re likely worried about being able to afford necessities and care for your children after the divorce.
Whether your spouse wants to contest every issue or is happy to cooperate and negotiate, let us guide you through the process and help you stand up for your rights.
Contact us online or call (860) 561-0651 today to get started.