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.

A court has the discretion to determine whether or not depreciation of real estate should be included in a husband’s net available income to determine his post-marital obligations.

The parties were divorced on July 2, 1970. The defendant husband was ordered to pay: $250 a week alimony, $50 a week support for each of the two minor children, $3,300 toward counsel fees and costs, $1000 in outstanding bills, as well as an interest in the jointly-owned residence of the parties' in the amount of $15,600. The defendant was a senior partner at the Hartford law firm of Stoner, Gross and Kline. In addition, he held financial interests in a number of real estate investment and management companies. His available income from all sources amounted to approximately $50,000. The court found that during their married life, the parties enjoyed a high standard of living, residing in a home valued at $75,000 to $85,000. On appeal, the defendant argued that the depreciation in the value of his real estate holding should have been considered in the alimony judgment.

The Connecticut Supreme Court ruled that the trial court had proper discretion over the matters of real estate depreciation. The court found that the trial court had considered the matter thoroughly in its decision on whether or not to include the depreciation, and as a result, there was no error committed. Rather, the trial court’s determination was made on the defendant husband’s ability to provide for his family. By law, a trial court is granted wide discretion in awarding alimony, and such determinations are commonly made based on income, age, health, and earning capacity. There was no indication that any such consideration was abused.

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: Stoner v. Stoner, 307 A.2d 146 ; 1972 Conn. LEXIS 779 (Conn. 1972).