After trial, the court ordered the husband to pay the wife periodic alimony and child support. The court also ordered the husband to pay the wife thirty percent of the value of his unsold books, as well as thirty percent of all income received from the sale of the books.
The husband appealed, arguing that the court was not permitted to treat intellectual property as a martial asset subject to division while also ordering that he pay to the wife a portion of the income generated therefrom.
The Appeal
The Appellate Court agreed. In furtherance of its decision, the Court noted that proceeds flowing from an interest in intellectual property constitute marital property subject to division as long as the proceeds are neither indefinite nor speculative. The Court further explained that the consideration of a marital asset in both the property distribution and alimony award does not constitute double dipping unless any portion of the asset assigned to the nonemployee spouse was counted in determining the employee spouse’s resources for purposes of alimony. Lynch v. Lynch, 135 Conn. App. 40 (2011).
Because the husband had a contractual right to receive royalties, the Court found that the value of the unsold books was in fact a marital asset subject to division. However, the Court also determined that by dividing the value of the husband’s unsold books and then ordering him to pay income from royalties on those whose value was already allocated to the wife, the lower court essentially engaged in impermissible “double dipping.” Thus, although the lower court was permitted to assign a portion of the value of the books to the wife, it was not permitted to grant her a portion of the royalties as well.
Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry, and is widely regarded by both clients and legal professionals as a significant honor.
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If you have any questions about employment law or education law in Connecticut, or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.
