In a word “No.”
There is nothing in Connecticut law which uses the
term “permanent alimony.” Alimony, regardless of the form it takes, is simply
referred to as “alimony.” Almost all
alimony orders terminate on the death of either party or the remarriage of the
recipient. This is commonly referred to
as open-ended alimony because it has no specific end date. Almost all alimony orders issued a court are
subject to modification in the event of a substantial change in circumstances
or if the payor proves that the recipient is living with another person under circumstances
which reduce his or her needs (sometimes called “cohabitation”). It is common for alimony orders to end on a
specified date if alimony has not terminated earlier, but there is no specific
term for this in Connecticut law.
Connecticut
General Statute Section 46b-82 provides the courts
with authority to award alimony. In deciding whether to award alimony, the
statute requires a court to consider the following factors in determining the
duration and amount of the alimony award: the length of the marriage, the
causes for the annulment, dissolution of the marriage or legal separation, the
age, health, station, occupation, amount and sources of income, vocational
skills, employability, estate and needs of each of the parties, property
distribution award, and if the parties have minor children, the desirability of
such parent’s securing employment. The statute makes no explicit reference to
the term permanent alimony.
In Connecticut, open-ended alimony awards are fairly
uncommon. The statute was recently amended to require a court awarding open-ended
alimony to state with specificity its reasons for making this award. Once the
court issues an alimony award, the parties may request modification or
termination of that award upon a showing of a substantial change in
circumstances pursuant to Connecticut
General Statute Section 46b-86.
Nationwide, many states have recently considered
whether to eliminate “permanent alimony.” In Connecticut, legislation
introduced in the 2014 session purported to make it easier to modify or
terminate alimony when the paying spouse wants to retire or when the recipient
spouse cohabitates with another person. The bill failed to pass at the end of the
session.
With questions on how alimony factors into your
divorce, please contact the experienced family law attorneys
of Brown, Paindiris &
Scott, LLP.
