In Marriage Dissolution, Alimony Award Was Determined by Length of Marriage and Stress in Relationship

On July, 15, 2011, following trial in a Stamford based dissolution action, Judge Wenzel ordered the defendant husband to pay alimony to the wife as follows: from August 1, 2011 to December 31, 2011, the sum of $9,500 per month; from January 1, 2012 through December 1, 2012, the sum of $8,000 per month together with 30% of his gross income between $200,000 and $350,000; from January 1, 2013 through December 31, 2014 (or the closing for the sale of the marital residence, whichever occurs first) the sum of $6,000.00 per month together with 20% of his gross income between $200,000 and $300,000; and from January 1, 2015 until his 65th birthday, the sum of $4,000 a month.

Case Details

The Court found that the parties were married for approximately twenty-two (22) years.  Before marrying, they both lived and worked in New York City.  They moved to Connecticut around the time they got married and bought a house in Stamford.  In the late 1990s, after having three children, one of which was diagnosed with autism, they moved to New Canaan, where they purchased a new home.

The wife accused the husband of having multiple affairs, although the court noted she was unable to support her suspicions.  The wife also alleged that over the course of the marriage the husband spent long hours at his business, traveling frequently and staying at work late into the night, leaving her with all the responsibilities of running the household and caring for their special needs child.

The Husband denied the affairs and alleged that the wife had an extra-marital relationship of her own.  The wife concealed the physical component of the relationship for several years, but finally admitted to it immediately before her deposition.  The Court ultimately found the causes of the divorce to be attributable to the wife, and that her accusations were made solely for tactical reasons.  Nevertheless, the court held that its assessment of the cause of the breakdown of the marriage could not play a significant role in fashioning its alimony award.  Instead, it considered the length of the marriage and the fact that there had been great hardship and stress during the last half of the parties’ relationship.

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