If you have questions about divorce, legal separation, alimony pendente lite, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.

In dissolution of divorce action, custody and property division determinations were set aside because trial court failed to consider best interests of minor child and erred in not addressing wife's alleged nonmonetary contributions to the marriage.

The court dissolved the parties’ marriage and awarded sole custody fo their minor child to the defendant husband, with limited visitation rights in the plaintiff. On appeal, the plaintiff argued that the award of custody and alimony were made in error, and without the consideration of evidence. The Appellate Court agreed. The trial court limited visitation and custody to the plaintiff because of her past history of mental illness and subsequent mental health issues. This finding was heavily relied on from report submitted over a year before the divorce proceeding was initiated. As a result, the Appellate court found such a major decision could not be made on the sole consideration of such a report.

In regard to alimony, the court erred in not considering the nonmonetary contributions of the plaintiff wife. A court is to consider the contribution of each of the parties in the acquisitions, preservation or appreciation in value of their estates when making an equitable distribution of property. The plaintiff argues that the evidence at trial showed that her major contributions were raising the minor child and the upkeep of the family home. “It does in fact for the first time in Connecticut’s history treat men and women equally” says a Connecticut Lawmaker, “It does provide that the court look at them not as men and women but as parties and look at their various obligations in their various capacities with respect to earning and all the other aspects that should be considered.” In respect to these equitable considerations, the court reversed the trial courts initial ruling against the plaintiff wife.

For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.

Source: O’Neill v. O’Neill, 536 A.2d. 978; 13 Conn. App. 300 (Conn. App. January 26, 1988)