Fight! Fight! Fight!
There’s a common misconception – shared by many divorce attorneys – that alimony awards just aren’t what they used to be. That times are changing. Societal attitudes are evolving. And the courts aren’t as generous as they were in the good old days.
I’m here to tell you “they” are dead wrong.
Fault matters in Connecticut. And if you are represented by a highly capable divorce attorney who is hard-wired for trial, you can still walk away with an incredible alimony award.
I am living proof.
Here are some answers to commonly asked questions about alimony in Connecticut:
Who qualifies for alimony after a divorce?
The court can award alimony to anyone who files for divorce or legal separation.
How is the amount of alimony determined?
There is no formula. Completely up to the judge.
How long does alimony last?
There is no formula. Completely up to the judge.
Can alimony be modified after the divorce is final?
Yes. Unless the court or your martial separation agreement expressly prohibits it. Otherwise, the term and amount of alimony can be modified if there is a substantial change in circumstances.
What factors do judges consider when awarding temporary alimony?
All sorts of things. Age. Length of marriage. Employment history. Earning capacity. Unpredictable fluctuations in income. Physical health. Mental health. Living arrangements. Lifestyle. Financial need. And the list goes on.
What factors do judges consider when awarding long-term alimony?
Same factors as temporary alimony. The main difference being that the court can take fault into consideration when the final orders issue.
Does fault matter?
Yes. Especially in long-term marriages. If the court believes that one person is more at fault for the divorce than the other person, it can have a huge impact on the award.
Why do so many lawyers play down the significance of fault?
Most lawyers who play down the significance of fault do so because they are determined to settle the case.
Do I have to pay taxes on alimony?
The person who pays alimony pays the taxes. The person receiving alimony receives it tax free.
How does cohabitation affect alimony?
If you move in with someone and your financial situation improves as a result, the court can reduce or terminate your alimony award. The decision is left to the judge.
How is alimony affected if someone loses their job?
The court has discretion to increase or decrease the award if there is a substantial change in either person’s financial circumstances.
What happens if someone takes a job that pays far less than what they are capable of earning?
The court has discretion to base an alimony award on a person’s earning capacity. The decision is left to the judge.
Is it possible to waive alimony in a prenuptial agreement?
Yes. But these provisions are frequently contested.
If we lived together for 20 years but only recently got married, will the court treat our relationship as a long-term marriage?
The official answer is no. The unofficial answer is … it depends.
Can the court order me to pay alimony for the rest of my life?
Technically speaking: Yes. It is possible. But courts will often terminate alimony when the payor reaches an appropriate retirement age and retires.
Can alimony be paid as a lump sum instead of monthly installments?
Sometimes. Yes. There are many reasons why this arrangement may be preferable.
What happens if my ex-spouse stops paying alimony?
You can haul his ass into court and ask the court to hold him in contempt. If the court finds he is in willful contempt, the court can impose fines, award attorneys fees, or throw him in jail.
How long can a person be incarcerated for refusing to pay alimony?
There is no limit. Completely up to the judge. In family court, there is no guilt beyond a reasonable doubt, no right to a jury, to maximum sentence.
How does alimony work in high-asset divorces?
Same as any other case. Except the monthly payments tend to be significantly higher.
Does it matter where your case gets heard?
Yes. There are tactical reasons why you may prefer filing your case in one judicial district over another. Sometimes you can choose the courthouse. Other times you cannot. But if you do have a choice – make it a smart one – and make it count. Selecting the right courthouse can make a huge difference.
What is the secret to getting a high alimony award?
Three things: 1) You need to be represented by a highly effective trial lawyer; 2) You need to take the necessary steps to thoroughly prepare your case; and (3) You and your lawyer need to have the confidence needed to step away from the bargaining table and into the ring. It also helps (4) to be the plaintiff; (5) to present yourself as a good person; and (6) to be able to prove that your spouse’s misconduct is the primary reason the marriage broke down.
Who needs the more aggressive attorney in an alimony case?
The wife. Hands down. Representing the husband is much easier. The wife typically has far more riding on the outcome. The stakes are far too high.
Do you only represent the wife?
No. I represent both sides. I know how to attack – and how to anticipate an attack. Always one step ahead …