Can I get permanent alimony in Connecticut?
Yes, you can get permanent alimony in Connecticut, but it is increasingly rare and typically reserved for specific circumstances, most often after a long-term marriage. While possible, the Connecticut courts do not award it lightly. The term "permanent" itself can be a bit misleading, as these awards can often be modified or terminated later if circumstances change.
Navigating the complexities of spousal support during a divorce process can feel overwhelming. You're likely worried about your financial future and what life will look like after the divorce is final. The good news is that Connecticut law provides a clear framework for judges to use when deciding on alimony. The decision is based on fairness and equity, taking into account many details about your marriage and your individual situations.
This article will walk you through what permanent alimony means in Connecticut, the specific factors a judge must consider, when it's most likely to be awarded, and how these orders can change over time.
Understanding Permanent Alimony in Connecticut
Alimony, also known as spousal support, is a payment from one spouse to the other after a divorce. Its main purpose is to help the lower-earning spouse maintain a standard of living comparable to what they had during the marriage and to prevent them from falling into financial hardship.
In Connecticut, there are several types of alimony a court can order:
- Temporary Alimony (Pendente Lite): Support paid while the divorce is still pending. It ends once the divorce is finalized and a new alimony order is (or is not) put in place.
- Rehabilitative Alimony: A short-term award designed to give a spouse time and resources to get the education or training needed to become self-sufficient.
- Durational Alimony: The most common type, this is alimony paid for a specific, fixed period (e.g., for five years).
- Permanent Alimony: This is an award with no set end date. It typically continues until the death of either spouse or the remarriage of the person receiving the payments.
The idea of permanent alimony in Connecticut is to provide long-term support to a spouse who, due to age, health, or having been out of the workforce for a very long time, cannot reasonably be expected to become financially independent.
Connecticut Law: The Factors for an Alimony Award
The primary law governing alimony in Connecticut is C.G.S. § 46b-82. This statute doesn't provide a simple calculator or formula. Instead, it gives judges a list of factors they must consider to create a fair and equitable outcome.
According to C.G.S. § 46b-82(a), when deciding whether to award alimony and for how long, the court must consider:
- The length of the marriage: This is often the most significant factor when considering permanent alimony. Longer marriages (typically 20-25 years or more) are more likely to result in a permanent award.
- The causes for the divorce: The court can consider "fault," such as adultery or desertion. While a no-fault divorce based on "irretrievable breakdown" is most common, a judge can still weigh one spouse's behavior in the decision.
- The age and health of each spouse: A spouse's advanced age or a chronic health condition that limits their ability to work is a powerful reason for a long-term or permanent alimony award.
- Station, occupation, and sources of income: The court looks at each person's lifestyle, job, and where their money comes from.
- Earning capacity, vocational skills, education, and employability: The court assesses what each person is capable of earning. If one spouse gave up a career to raise children, their earning capacity might be much lower than the other's, which would favor an alimony award.
- The estate and needs of each party: This involves a detailed look at each person's assets, debts, and reasonable monthly expenses, which are detailed in each party's financial statement (Practice Book § 25-30).
- The property division: The way assets and debts are divided in the divorce (under C.G.S. § 46b-81) directly impacts the need for alimony. A spouse who receives more assets might need less alimony.
- The desirability and feasibility of the custodial parent securing employment: If one parent has primary custody of young children, the court considers whether it's in the children's best interest for that parent to work or stay home.
A judge has broad discretion to weigh these factors. There is no single factor that guarantees a permanent alimony award. It is the total picture of the marriage and the parties' circumstances that guides the court's decision.
The Special Requirement for Permanent Alimony
Connecticut law recognizes that ordering lifetime support is a significant step. Because of this, the law adds a special requirement. C.G.S. § 46b-82(b) states that if a court enters an alimony order that "will terminate only upon the death of either party or the remarriage of the alimony recipient, the court shall articulate with specificity the basis for such order."
This means a judge can't simply award permanent alimony without explanation. They must state on the record the specific reasons why such a long-term award is necessary and fair, based on the evidence and the factors listed above.
When is Permanent Alimony Most Likely Awarded?
While every case is unique, requests for permanent alimony in Connecticut are most successful in situations involving a combination of the following:
- A Very Long-Term Marriage: This is the most common element. After a marriage of 25, 30, or more years, the court is more likely to see the spouses as a long-term economic partnership that warrants ongoing support.
- Significant Income Disparity: When one spouse earns substantially more than the other, and the lower-earning spouse has a limited ability to close that gap.
- Advanced Age or Poor Health: If a spouse is nearing retirement age or has a significant health issue that prevents them from working, their ability to become self-supporting is minimal.
- Sacrifice of a Career: A spouse who left the workforce for decades to manage the household and raise children, thereby enabling the other spouse to advance their career, has a strong case for long-term support.
If you are in a shorter marriage and are healthy and employable, receiving permanent alimony in Connecticut is highly unlikely. The court would more likely consider a durational or rehabilitative award to help you get back on your feet.
Important Considerations About Permanent Alimony
Even if you are awarded permanent alimony, it's crucial to understand that the order isn't necessarily set in stone forever.
"Permanent" Can Be Modified or Terminated
It's a common misconception that a "permanent" alimony award can never be changed. Under Connecticut law, most alimony orders can be modified.
C.G.S. § 46b-86(a) allows either party to ask the court to change an alimony order if there has been a "substantial change in the circumstances" of either party. Examples of a substantial change could include:
- A significant increase or decrease in either person's income (e.g., a promotion or a job loss).
- The retirement of the paying spouse.
- A serious illness affecting either party.
- The person receiving alimony getting a large inheritance.
Furthermore, C.G.S. § 46b-86(b) specifically addresses cohabitation. If the person receiving alimony starts "living with another person," the paying spouse can file a motion to reduce, suspend, or terminate the payments if the new living arrangement has altered the recipient's financial needs.
The Power of a Non-Modifiable Agreement
The only way to make a permanent alimony award truly permanent and unchangeable is for both spouses to agree to it in writing. The law states that an alimony order can be modified "unless and to the extent that the decree precludes modification" (C.G.S. § 46b-86(a)).
If your divorce settlement agreement, which is incorporated into your final divorce decree, explicitly states that the alimony award is non-modifiable as to term or amount, then the court cannot change it later, regardless of any change in circumstances. This provides absolute certainty but removes all flexibility, which can be risky for both parties.
Frequently Asked Questions About Permanent Alimony in Connecticut
Here are answers to some common questions about getting permanent alimony in Connecticut.
1. What is the difference between permanent alimony and lifetime alimony in Connecticut?
In practice, these terms are often used interchangeably. Both refer to a spousal support award that does not have a predetermined end date and continues until a terminating event occurs, such as the death of either party or the remarriage of the recipient.
2. How is the amount of alimony calculated in Connecticut?
There is no set mathematical formula for calculating alimony in Connecticut. Unlike child support, which uses specific guidelines, alimony is determined by a judge's discretion after carefully weighing all the statutory factors in C.G.S. § 46b-82, such as the length of the marriage, income, health, and needs of both parties.
3. Can I get permanent alimony in a short-term marriage?
It is extremely unlikely. The length of the marriage is one of the most critical factors a judge considers. Permanent alimony is almost exclusively considered in the context of very long-term marriages where one spouse has become financially dependent over many decades.
4. Does adultery affect a permanent alimony award in Connecticut?
It can. The "causes for the dissolution of the marriage" is one of the factors the court must consider under C.G.S. § 46b-82. If one spouse's adultery was a primary cause of the marriage breaking down, a judge could potentially award more or less alimony as a result. However, it is just one factor among many and is rarely the sole reason for a particular alimony decision.
5. What happens to permanent alimony if my ex-spouse who pays it gets a big raise?
A significant raise could be considered a "substantial change in circumstances" under C.G.S. § 46b-86. This would give you grounds to file a motion with the court to modify the alimony order and request an increase in your payments.
6. Can a permanent alimony award be non-modifiable?
Yes. If both parties agree in their written divorce settlement that the alimony award will be non-modifiable, the court will typically honor that agreement. This makes the award immune to future changes, except for termination upon death or remarriage. This is a major decision that should be made with careful legal advice.
7. What if my ex-spouse who receives permanent alimony starts living with a new partner?
Under C.G.S. § 46b-86(b), you can file a motion to modify, suspend, or even terminate the alimony payments. You would need to show the court that your ex-spouse is living with another person and that this arrangement has caused a change in their financial needs (for example, their new partner is contributing to household expenses).
8. Do I have to be unemployed to receive permanent alimony in Connecticut?
Not necessarily. The court looks at your employability, earning capacity, and education, along with your actual income. If there is a vast and permanent gap between what you can earn and what your spouse earns, and your needs cannot be met by your own income, you may still be a candidate for permanent alimony even if you are employed.
Getting Help
Decisions about alimony are among the most critical and emotionally charged aspects of a divorce. Whether you are seeking permanent alimony or may be asked to pay it, the outcome will have a lasting impact on your financial security. The laws are complex, and the court has wide discretion.
It is essential to work with an experienced Connecticut family law attorney who can help you understand your rights, gather the necessary financial documentation, and advocate effectively for a fair outcome. An attorney can help you negotiate a settlement or, if necessary, present the strongest possible case to a judge. Remember, this article provides legal information, not legal advice.
Conclusion
Securing an award of permanent alimony in Connecticut is a possibility, but it is reserved for cases where the facts clearly demonstrate a long-term financial dependency that cannot be overcome due to factors like age, health, or the length of the marriage. The court's goal is always to reach a fair and equitable result based on the unique circumstances of your family.
Understanding the factors judges use and the nuances of how alimony orders can be modified is the first step toward protecting your financial future. By preparing your financial statement thoroughly and seeking professional guidance, you can navigate this challenging process with greater confidence and work toward a stable and secure post-divorce life.