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Berchem Moses PC
  • Milford 203-783-1200
  • westport 203-227-9545

What does “equitable division of property” mean in your divorce?

Some years ago, the Appellate Court of Connecticut wrote that “(i)t is black letter law that Connecticut is an equitable distribution property state.” That means that when a marriage ends in divorce in our state, the court strives to find an equitable, fair distribution of marital assets, rather than imposing a 50-50 split that might be unfair to one spouse or the other.

That principle of equitable distribution in property division is as true today as it was when the court wrote that 14 years ago. 

Connecticut lawmakers and courts have also determined that there is no set formula to arrive at what is a fair division of property. A court hearing a divorce case with a property division dispute will consider a number of factors in search of a fair solution, including the relative financial contributions made by each spouse, the value of a spouse staying home to raise children, and the future earning potential each half of a couple possesses.

The court will also look at the property and other assets acquired during the marriage, how long the marriage lasted, and the causes for its dissolution, as well as the age and health of the two people involved.

Courts have wide latitude in dividing property. According to state law, “the Superior Court may assign to either the husband or wife all or any part of the estate of the other.” Obviously, the stakes are high when dividing property.

And what items can a court consider property to be divided? “Property” can mean much than just the marital home you live in with your spouse. It can mean bank accounts, a pension, retirement benefits, Social Security benefits, gifts, inheritance and more.

Wading through the law and court system on your own is a daunting divorce task. An experienced attorney can help guide you through the process, in negotiations or at trial.

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Berchem Moses PC
75 Broad Street
Milford, CT 06460
Phone: 203-783-1200
Fax: 203-878-2235
Milford Law Office Map

Berchem Moses PC
1221 Post Road East
Westport, CT 06880
Phone: 203-227-9545
Fax: 203-226-1641
Westport Law Office Map