Warren v. Warren, No. Fa 98-0720197-S (Jun. 20, 2000) , 2000 Conn. Super. Ct. 7609 ( 2000 )


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  • [EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

    MEMORANDUM OF DECISION
    Article I The Dissolution of the Marriage

    It is found that all of the allegations of plaintiff's complaint have been proven, that the marriage has broken down irretrievably, and the marriage is ordered dissolved for that reason.

    Article II The Marital Estate of the Parties PLAINTIFF

    CT Page 7610 Undivided 1/2 interest in family home at 66 South Road, Marlborough, CT

    TOTAL VALUE $160,000

    Less first mortgage -81,464 Less home equity loan -18,323 $-99,787

    TOTAL EQUITY $ 60,213

    1/2 interest of plaintiff $ 30,107

    Undivided 1/2 interest in summer cottage on Ridge Road, Chesterville, ME.

    TOTAL VALUE $ 35,000

    Less mortgage $-24,290

    TOTAL EQUITY $ 10,710

    1/2 Interest of Plaintiff $ 5,355

    1995 Plymouth Neon $ 3,000

    Bank Accounts

    Hartford Firefighters Credit Union S/A J.T. 1/2 interest $ 270

    Hartford Firefighters Credit Union C/A J.T. 1/2 interest 1,994

    Municipal Credit Union S/A J.T. 1/2 interest 502

    Liberty Bank S/A J.T. 1/2 interest 367

    Glastonbury Bank Trust S/A 15,000

    Peoples Heritage J.T. 73 ________ TOTAL $ 18,206

    Deferred Compensation CT Page 7611

    Vanguard V.R.P. Plan $ 21,503

    A.R.C. Pension Retirement System 7,773

    TOTAL $ 29,276

    Plaintiff's Total Marital Estate $ 85,944

    DEFENDANT

    1/2 Interest in equity in family home at 66 South Road, Marlborough, CT $ 30,106

    1/2 Interest in family cottage on Ridge Road, Chesterville, ME 5,355

    1997 Mazda Value $ 9,000 Less loan -6,684 Equity $ 2,316 $ 2,316

    Life Insurance

    John Hancock R.V. $5,000 C.S.V. $4,865

    Bank Accounts

    Hartford Firefighters Credit Union S/A J.T. 1/2 interest $ 269

    Hartford Firefighters Credit Union C/A J.T. 1/2 interest 1,994

    Municipal Credit Union S/A J.T. 1/2 interest 502

    Liberty bank S/A J/T 1/2 interest 367

    Glastonbury Bank Trust Co. S/A 220

    Peoples Heritage J.T. 1/2 interest 73

    TOTAL $ 3,425 Pension

    City of Hartford (Pension Contribution CT Page 7612 as of 7/1/99 $70,668)

    Defendant's Total Marital Estate $46,067

    TOTAL MARITAL ESTATE $132,011

    Article III: A Review of the Evidence as it Relates to Sec. 46b-81c C.G.S.

    A. General Background Information

    The plaintiff wife, who is forty-six years old, and the defendant husband, who is forty-eight, were married on April 28, 1973, twenty-seven years ago. of their union there were two children, a son born in 1975 and a daughter born in 1976.

    During the early years of the marriage plaintiff was busy at home as a housewife and homemaker while defendant was employed as a mechanic for the City of Hartford. In 1979 plaintiff began eight years of employment on the night shift at Photomat Lab in East Hartford, working from 4:00 p.m. until midnight. After five years she was promoted to supervisor. In 1987 she began three years of employment at Marlborough Health Care as a nurse's aide. In 1992 she began her present employment at the American Red Cross. There her weekly gross earnings are $728 with a weekly net after the usual deductions of $469.

    Defendant's employment record reveals that in 1979 he left his work as a mechanic to become a firefighter for the City of Hartford, the position he presently holds. His gross weekly income is $1116, and his weekly net after the usual deductions, an additional pension contribution of $89, and a credit union payment of $138 amounts to $508.

    B. Fault

    For the most part the parties enjoyed a quiet life. In plaintiff's words "my husband didn't like going anywhere." In 1985 plaintiff learned that defendant had been unfaithful and suggested counseling. Two years later at defendant's suggestion both parties were involved briefly in a sexual triangle. More recently, in 1998, defendant admitted an extramarital affair with a woman residing in Maine. Plaintiff left the family home in September 1998. When plaintiff later suggested that they "work things out," defendant informed plaintiff that he no longer loved her. Plaintiff instituted this dissolution action shortly thereafter.

    This court concludes that responsibility for the breakdown of the marriage rests with defendant. CT Page 7613

    C. Health of the Parties

    1. Plaintiff testified that as a result of defendant's affair she had difficulty sleeping, became depressed, lost forty-two pounds and was uneasy for one and one half years. She added that she is presently taking medication and is feeling better.

    2. Defendant appears to be in reasonably good health. He stated that he is presently taking medication for depression.

    D. Other Factors

    Both parties are high school graduates. They have in their own way contributed equally to the acquisition of the marital estate and have similar future financial prospects.

    CONCLUSION

    Having considered all of the factors set forth in Sec. 46b-81c C.G.S. and having given particular weight to such predominating factors as the length of the marriage and responsibility for its breakdown, this court concludes that with the exception of defendant's pension, the marital estate of the parties should be divided as follows:

    Plaintiff 53%

    Defendant 47%

    Article IV The Distribution of the Marital Estate Total Marital Estate: $132,011

    Less equity in family home - 60,213 $ 71,798

    Plaintiff's Share — 53% $ 38,053

    Defendant's Share — 47% $ 33,745

    A. No. 66 South Road, Marlborough, CT

    The above premises shall immediately be listed for sale with Carsan Better Homes Garden Realty of Marlborough, CT at the price recommended by said agent or such later modification as agreed upon by the parties. All expenses incurred relating to the sale shall be shared equally by CT Page 7614 them. The net proceeds from the sale after payment of the customary closing costs as well as payment of the college tuition loan to Federal Plus in the approximate amount of $6,919 shall be divided between the parties as follows: Plaintiff 53%, Defendant 47%.

    The party occupying said premises prior to sale shall be responsible for all expenses incurred during such occupancy, including utilities, mortgage, home equity loan and real estate taxes. The parties will share said expenses equally while said premises are unoccupied.

    B. The Distribution of the Balance of the Marital Estate

    1. Plaintiff Shall Take and Have

    1995 Plymouth Neon $ 3,000

    Vanguard V.R.P. Plan 21,503

    A.R.C. Pension Retirement System 7,773

    Amount due from defendant 5,777 $ 38,053

    2. Defendant Shall Take and Have

    Whole interest in family cottage on Ridge Road, Chesterville, ME Total Equity $ 10,710

    1997 Mazda (equity) 2,316

    Life insurance — John Hancock 4,865

    Hartford Firefighters Credit Union 539

    Hartford Firefighters Credit Union 3,988

    Municipal Credit Union 1,004

    Liberty Bank 734

    Glastonbury Bank Trust Co. 220

    Glastonbury Bank Trust Co. 15,000

    Peoples Heritage 146 CT Page 7615 $ 39,522

    Less Amount Owed Plaintiff — 5,777 $ 33,745

    Article V Supplemental Orders Relating to the Distribution of the Marital Estate

    A. Plaintiff shall transfer to defendant by quit-claim deed all her interest in the family cottage located on Ridge Road, Chesterville, ME.

    Defendant in turn shall hold the plaintiff harmless with regard to all encumbrances on said premises.

    B. Defendant's Pension and Related Benefits

    Defendant is ordered to transfer to plaintiff one-half of that portion of his pension which accrued during the period of his marriage to plaintiff. Said transfer shall be in the form of a Qualified Domestic Relations Order.

    Defendant shall also assign to plaintiff one-half of that portion of his accrued vacation, holiday and earned day time accumulated during the course of his marriage to plaintiff.

    C. Comment on Plaintiff's Claim For a Share of Certain Retirement Benefits to be Received by Defendant

    In her proposed orders plaintiff seeks from defendant "one-half of any and all funds received as a result of his accrued vacation, holiday earned and sick day time with the city of Hartford." The court finds plaintiff's request reasonable in all respects except as it pertains to "sick day time." The court understands that upon retirement defendant will be entitled to the cash value of his accumulated sick leave up to a point. Uncertainty exists, however, in that a future unforseen illness or accident might very well exhaust all of defendant's accumulated sick time, leaving nothing for distribution. At this point in defendant's life the conversion of his sick time to cash can at most be categorized as a wishful expectancy. As such his sick time is governed by the holding inRubin v. Rubin, 204 Conn. 224, 230 (1987) that a contingent award of expected property cannot "be upheld as a property transfer authorized by Sec. 46b-81."

    D. The parties shall execute all documents required to carry out the orders of this court. CT Page 7616

    Article VI Alimony

    A. Defendant is ordered to pay plaintiff as periodic alimony the sum of $125 per week until the first to occur of the following events, i.e.:

    1. June 1, 2010, providing plaintiff at that time has commenced receiving the approximate amount of $1,310 per month by way of defendant's Municipal Employee Retirement Fund.

    2. July 25, 2020.

    3. Plaintiff's remarriage, providing that at that time plaintiff has been relieved of responsibility on the mortgage note relating to the family cottage in Chesterville, ME.

    4. The death of either party.

    B. Alimony shall be payable by way of immediate wage executions.

    Article VII Other Orders

    A. Life Insurance

    Defendant is ordered to continue to maintain his two existing life insurance policies in the total face value of $44,000 with plaintiff as irrevocable beneficiary during such time as defendant shall be required to pay alimony to plaintiff. See Michel v. Michel, 31 C.A. 338 (1993).

    B. Liabilities

    With the exception of the Federal Plus loan listed on plaintiff's financial affidavit, each party will be solely responsible for the debts listed on his or her affidavit and will hold the other party harmless in that regard.

    C. Health Insurance — Counsel Fees

    The court makes no orders on these subjects.

    D. Personal Property

    In the event the parties are unable to reach an amicable agreement concerning the distribution of their family furniture and related items within forty-five days from date hereof, said property is ordered sold and the net proceeds ordered divided equally between the parties. CT Page 7617

    BY THE COURT John D. Brennan Judge Trial Referee

Document Info

Docket Number: No. FA 98-0720197-S

Citation Numbers: 2000 Conn. Super. Ct. 7609

Judges: BRENNAN, JUDGE TRIAL REFEREE.

Filed Date: 6/20/2000

Precedential Status: Non-Precedential

Modified Date: 4/17/2021