Posts tagged with "#CTFamilyLawers"

Can My Spouse Take Everything in the Divorce?

The short answer is simple: no. Contrary to what you may hear, or what you may think, your spouse cannot take everything you own in a divorce. As a whole, our society throws around phrases like “she took him to the cleaners,” or “she bled him dry,” but those statements are far from the truth. In reality, Connecticut courts follow equitable distribution laws when dividing marital property upon divorce. The statute states:

“At the time of entering a decree annulling or dissolving a marriage or for legal separation pursuant to a complaint under section 46b-45, the Superior Court may assign to either the husband or wife all or any part of the estate of the other.” CONN. GEN. STAT § 46b-81(a)

Property Classification

But no court awards all of one spouse’s property to another because the court must follow certain factors and considerations when deciding who gets what. Before such factors are even considered, the couple’s property is first classified to determine which property is even eligible for division. Such classification involves the court determining whether the asset was earned prior to or subsequent to the date of marriage to determine whether the asset is marital property. To simplify, usually property owned before marriage is not subject to division but anything acquired during the marriage is.

Once the property is classified, then the court will apply a bunch of equitable factors to determine who gets what property. For instance, in Connecticut, equitable distribution of property “should take into consideration the plaintiff’s contributions to the marriage, including homemaking activities and primary care taking responsibilities. . . and that a determination of each spouses’ contribution includes non-monetary as well as monetary contributions.” O’Neill v. O’Neill, 13 Conn. App. 311.

Factors to Consider in Property Division

Such factors are also considered alongside the length of the marriage, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income. C.G.S.A. 46b-81 (c).

These steps the court must take before dividing property upon divorce ensures no one gets “hosed” or “cleaned out” upon divorce. While one spouse may end up feeling one of those ways, the actual distribution is never the ultimate reason why.

If you or someone you know is preparing for a divorce, or needs representation for divorce, feel free to call one of the experienced divorce attorneys at Maya Murphy, PC today. Our attorneys have decades of experience with divorce and family issues in both Connecticut and New York including child custody disputes, high asset divorce, alimony modifications and divorce mediation. Feel free to call 203-221-3100 or email to schedule a consultation today.

Protecting Your Interests in a High-Asset Divorce

Whether or not you consider yourself a high earner or a high worth individual, if you have considerable assets at stake and divorce is knocking at the door, we are here to help. At Maya Murphy, we deal with divorces every day, whether they include athletes, businesses, famous individuals, those with large amounts of wealth or just the average person. Our divorce practice has been established for over a decade and is built on experience gained in both New York and Connecticut tribunals.

We can help you take proactive steps to position yourself for a fair allocation. Not every high-asset divorce is destined for trial. We will explore mediation to resolve or narrow the issues and out-of-court negotiations for everything from IRA, 401(k) and pension savings and alimony to child custody and child support. However, if needed, the high asset divorce attorneys of Maya Murphy are proven litigators who are ready and able to bring a case to trial.

Factors in Settling a High Asset Divorce

When it comes to high asset divorce, there are many more factors that must be considered when reaching an appropriate settlement. Here at Maya Murphy, we are familiar with every nuance of high net worth divorces, including:

  • Valuation of a business or professional license
  • Valuation and sale/refinancing of the marital home
  • Other real estate (vacation homes, rental property)
  • Valuation and division of investment property
  • Variable or seasonal income, as from pro athletes
  • Verification of income from all sources
  • Stock options and deferred compensation
  • The marital portion of IRA, 401(k) and pension savings
  • Validity (enforceability) of prenuptial agreements
  • Other issues of separate property versus marital property
  • Distribution of joint liabilities, and
  • Discovering hidden assets.
High-Asset Divorce Considerations

We realize there are additional considerations in a high-asset divorce beyond the division of assets such as privacy of the individuals, goodwill of a business, or unwanted media attention. We can cater our representation to your needs and your busy schedule. At the onset of representation, we will listen to your goals and come up with a plan to best achieve them. You will be kept informed each step of the way and involved in this process as little or as much as you would like.

So if you are considering divorce, or divorce proceedings have already begun, feel free to contact the high asset divorce group at Maya Murphy today to discuss your options. We are available anytime at 203-221-3100 or by email at Schedule your free consultation today!

How Long Will My Supervised Visits with My Children Last in Connecticut?

If there was a reason for your agreement to have supervised visits with your children, then you must comply with the agreement until the situation has changed.  Once your prior situation has changed, and you feel you should be entitled to unsupervised visits with your children, you may file a motion to modify visitation.

However, it is important to keep in mind that although you feel confident that your previous situation has changed, the deciding factor is how the court views your progress.  Reports from the children’s guardian ad litem as well as your doctors (etc.), may be the deciding factor in modifying the custody agreement.  If you are not represented by counsel, it would best to consult an experienced family law attorney who can assist you in requesting a change in visitation and educate you on the best steps to take in the future.

If you have any further questions regarding family law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at