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How is marital property identified and divided in Connecticut?

| Dec 19, 2019 | Property Division |

People in a marriage usually ask themselves a lot of questions when they’re thinking that divorce is a possibility. How can I prevent it? How did we get here? What’s the best way to approach the possibility with my spouse? If someone gets here, there may be one important question that requires a real answer. How much of our savings and property do I get?

Do spouses split their joint assets in a divorce?

An even split, which would involve each person getting an exactly equal share of the available assets, is very rare in Connecticut. There is no law that says distribution must be equal. Instead, judges in divorce courts are empowered to decide an “equitable distribution.”

How is equitable different from equal?

A judge may investigate the source of specific assets, such as cash and properties, to see who has the greatest claim to it. One may also look at the different aspects of each spouse’s individual abilities to provide for themselves. The judge will attempt to award assets based on who has a better claim on how it was earned or received, as in a bequest from a relative.

What assets are up for debate in a divorce case?

A judge will consider marital property, which could be anything owned by either spouse or simply assets that were created or acquired during the marriage. An attorney may help make a case for individual property instead of marital property and exempt certain valuables from consideration. Legal representation is often helpful in all phases of divorce, including the division of property.