Connecticut
alimony law may undergo significant changes thanks to Raised Bill No. 5524. In 2013, the Connecticut legislature
passed Public Act 13-213 , which required the Connecticut Law
Revision Commission to study the fairness and adequacy of Connecticut alimony laws.
Attorney Kate Haakonsen of Brown,
Paindiris & Scott was among those appointed to the committee
tasked with studying alimony laws. The committee’s recommendations are
incorporated in the bill currently before the legislature. Three major provisions
of the bill are highlighted below.
Under the bill,
courts may now consider both gross and net income and the tax consequences of
its orders. Connecticut case law had previously suggested that only net income
may be considered.
Another
provision of the bill allows for the modification, suspension, reduction or
termination of alimony if the recipient spouse is found to have been living in
a marriage-like relationship over a period of six months. The paying spouse
must prove the existence of a marriage-like relationship. The recipient spouse
must then prove that the alimony should remain as is. The court must make this
determination in conjunction with the existing statutory criteria of
Connecticut’s alimony statute, codified in Sec. 46b-82.
The bill
provides an opportunity to modify alimony for the paying spouse who is retires at
age sixty-five or older. The recipient spouse must prove why alimony should not
be modified. Alimony may be modified in early retirement situations if the
paying spouse proves that a modification should be permitted. In addition to
considering the paying spouse’s retirement, the court must also consider the
factors of Sec. 46b-82.
If passed, these
changes could take effect as early as October 1, 2014. With questions on how
this new bill may impact your alimony, please contact the family
lawyers of Brown,
Paindiris & Scott.
