The Case
The plaintiff, husband, and the defendant, wife, were married in 1992. However, in September 2009, the court rendered judgment dissolving the marriage due to irretrievable breakdown. Pursuant to the divorce decree, the court distributed the assets and liabilities of the marital estate and issued a number of financial orders, many of which the husband contested on appeal. Most notably, the husband had written and published a book, and per court order was required to pay the wife 30% of the value of the unsold books as well as 30% of all income he receives in the future from the sale of the books. The husband contended that this order was improper.
Intellectual property interests are considered marital property subject to division in a divorce action, as long as the proceeds are neither indefinite nor speculative. When a marital asset is considered for both property division and alimony awards, double dipping generally does not occur unless the asset assigned to non-employee spouse was also counted in the court’s determination of the employee spouse’s resources when determining alimony. In other words, assets that do not produce significant income may be considered for both purposes, whereas assets that do produce such income cannot.
The Court’s Decision
In this case, the Appellate Court found that the husband’s inventory of books constituted a significant source of income, as they produced a significant stream of income in the form of royalties (exceeding $50,000 in approximately one month). The lower court properly granted 30% of the royalties to the wife as alimony. However, also awarding 30% of the value of the unsold books as property division constituted impermissible double dipping. Therefore, the Appellate Court remanded this part of the case for reconsideration.
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.
Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of: Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law and employment law matters in New York as well.
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.
