Posts tagged with "lump sum alimony"

Court Awards Wife Lump Sum and Periodic Alimony

Alimony comes in many flavors. In Portas v. Lapresa, Superior Court, Judicial District of Stamford-Norwalk at Stamford, Docket No. FSTFA094017271S (Jan. 28, 2011, Wenzel, J.), the parties were married for approximately twelve years.  Having married in Buenos Aires, Argentina, they moved to the United States in January of 2000 and purchased a condominium in Stamford, Connecticut soon after their arrival.

At the time of trial, the Husband was forty-one years old and in generally good health.  He was a certified public accountant in Argentina, and, therefore, qualified for certain accounting positions within the United States.  The Court found that during the marriage he held a number of different positions with various financial and international firms in the area of internal audits.  Although he was unemployed at the time of trial, the Court noted that he was actively seeking employment and looking at a broad range of jobs.

At the time of trial, the Wife was forty years old.  Due to her immigration status, she was unable to seek employment in the United States until 2009.  However, due to a very serious medical condition, from which she continued to suffer even at the time of trial, she was never able to work.  There were no children of the marriage, and the parties’ only significant asset was the marital residence.

The Wife alleged that the parties’ relationship began to change when the Husband had an affair with another woman.  However, the Court attributed the breakdown of the marriage to the fact that the Wife experienced significant and continuing health problems which, combined with the Husband’s inability to maintain steady employment, resulted in significant financial difficulties and prolonged periods of separation.

After fashioning orders regarding the division of marital property, the Court ordered the Husband to pay the plaintiff lump sum alimony in the amount of $10,000, and periodic alimony in the amount of $1,250 per month for a period of five years. The Court further ordered that the periodic alimony would increase upon the defendant’s employment to the greater of $l,250 or thirty percent of the first $100,000 of his income; fifteen percent of all amounts in excess of $100,000 but less than $200,000; and ten percent of all amounts over $200,000.  The Court also specified that any alimony paid over the amount of $3,000 a month would be reduced at the rate of $.50 for each dollar of net income earned by the Husband.

If you have any questions relating to alimony or divorce proceedings, please feel free to contact Michael D. DeMeola, Esq. by telephone at (203) 221-3100 or by e-mail at mdemeola@mayalaw.com

Alimony Alert- September 9, 2011

On July, 11, 2011, following trial in a Stamford based dissolution action, Judge Wenzel awarded the defendant wife both periodic and lump sum alimony. Pursuant to Judge Wenzel’s orders, the plaintiff husband is obligated to pay to his now ex-wife $3,000.00 per month for a period of three years (from August 1, 2011 through July 31, 2014). With respect to lump sum alimony, the plaintiff must pay his ex-wife $100,000.00 in four equal installments of $25,000.00. The payments are to be made on August 15, 2011, December 15, 2011, April 15, 2012 and August 15, 2012.

The Court found that the parties were married on May 30, 2007 in Westport, Connecticut. The husband is an attorney, and when the parties married, earned over $300,000.00 per year. In 2008, he received a total of $537,000.00 in income which included a substantial severance package. Since 2008 he had been working forty hours per week as a temporary attorney earning approximately $75.00 per hour. The defendant wife was employed in the advertising industry for 31 years, but was terminated just before the parties’ marriage. During the marriage, however, she worked in publishing and advertising. The court did not make a finding as to the defendant’s actual earnings or earning capacity except to the extent that it noted she earned far less than the plaintiff. At the time of trial, the defendant was unemployed and receiving unemployment compensation in the amount of $2,150.00 per month. Each party has two children from previous marriages, but none from their marriage to one another.

In fashioning its alimony award, the Court noted that it considered the factors set forth in Connecticut General Statutes §46b-82. Although it did not state which of those factors it relied upon, it appears the Court did not assign fault to either party. The Court did note, however, that although the defendant has an earning potential, it is far more limited than that of the plaintiff, and she has far fewer resources to rely upon. The Court further stated that its periodic alimony award is meant to help the defendant rehabilitate both in terms of her job skills as well as her physical and emotional condition.

Alimony Alerts are prepared by Michael D. DeMeola of Maya Murphy, P.C.

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