What factors determine alimony in Connecticut?

Figuring out finances during a divorce is often the most stressful part of the process. When it comes to spousal support, you might be wondering if there's a simple calculator or a set rule. In Connecticut, the answer is no. There is no fixed formula for alimony. Instead, a judge carefully weighs a specific set of circumstances to decide whether to award alimony, how much the payments will be, and for how long they will last.

The goal of alimony, also known as spousal support, is to help a lower-earning spouse maintain a lifestyle closer to the one they had during the marriage and to ensure one person isn't left in a much worse financial position than the other. This article will walk you through the exact alimony factors Connecticut courts are required by law to consider, helping you understand how these decisions are made.

Understanding Alimony in Connecticut: The Legal Foundation

Before diving into the specific factors, it's helpful to know the legal basis for alimony in the state. The entire framework for awarding alimony is laid out in the Connecticut General Statutes. The primary law that lists the criteria a judge must use is C.G.S. § 46b-82.

This statute gives judges significant discretion, meaning they can weigh each factor differently based on the unique facts of your case. It’s not a checklist where ticking more boxes guarantees a certain outcome. Rather, it's a holistic review of your marriage and your individual circumstances. The information the judge uses for this review comes primarily from the financial statement each spouse is required to file with the court (Practice Book § 25-30).

The Official List: Connecticut's Statutory Alimony Factors

According to C.G.S. § 46b-82, when a judge is deciding whether to award alimony and determining the amount and duration, they "shall consider the evidence presented by each party" and look at a number of specific factors. Let's break down what each of these alimony factors in Connecticut means for you.

1. Length of the Marriage

This is often one of the most significant factors. A long-term marriage (typically 15-20 years or more) is more likely to result in a longer alimony award, potentially even for a lifetime in very specific circumstances. In shorter marriages, alimony may be for a shorter duration or not awarded at all, especially if both spouses have similar earning capacities.

2. Causes for the Dissolution of the Marriage

While Connecticut is a "no-fault" state, meaning you can get a divorce based on the "irretrievable breakdown" of the marriage (C.G.S. § 46b-40), the reason for the breakdown is still a critical factor in financial decisions. The statute explicitly lists "the causes for the annulment, dissolution of the marriage or legal separation" as a consideration. This means if one spouse's behavior, such as adultery, abuse, or substance abuse, led to the divorce, the judge can take that into account when deciding on alimony and property division. It doesn't guarantee a specific outcome, but it can influence the judge's decision.

3. Age of the Parties

A person's age can directly impact their ability to re-enter the workforce, save for retirement, or secure new employment. A spouse who is nearing retirement age may have a greater need for support than a younger spouse who has many working years ahead.

4. Health of the Parties

The physical and mental health of each spouse is another key consideration. If one spouse has a chronic illness or disability that limits their ability to work, the court will consider their need for financial support.

5. Station

"Station" refers to the standard of living and lifestyle the couple enjoyed during the marriage. The court aims to allow the lower-earning spouse to maintain a reasonably comparable standard of living, although it's often not possible for two households to live at the same level as one.

6. Occupation

The court will look at each person's current job and profession. This provides a baseline for understanding their current financial situation.

7. Amount and Sources of Income

This includes more than just salary. The court considers all sources of income, such as bonuses, commissions, rental income, investment income, and any other money regularly received by each spouse.

8. Earning Capacity, Vocational Skills, Education, and Employability

This is one of the most complex alimony factors Connecticut judges evaluate. It’s not just about what you are earning, but what you could be earning. The court assesses each spouse's potential. For example, if one spouse left a high-paying career to raise children, the court will consider their education, skills, and the time it might take to re-establish that career. This is also where "rehabilitative alimony" comes in—support designed to give a spouse time to get the training or education needed to become self-sufficient.

9. Estate and Needs of Each of the Parties

The court examines the assets and liabilities of each spouse. A spouse with a large separate estate (like an inheritance) may have less need for alimony. Conversely, a spouse with significant debt and few assets may have a greater need. "Needs" are evaluated based on the expenses detailed in each party's financial statement.

10. The Property Division Award

Alimony and property division are closely linked. C.G.S. § 46b-82 specifically states that the court must consider "the award, if any, which the court may make pursuant to section 46b-81." This means the judge first decides how to divide marital property (like the house, bank accounts, and retirement funds) and then considers how that division impacts the need for alimony. For instance, if one spouse receives the family home and other income-producing assets, their need for alimony might be lower.

11. Desirability and Feasibility of the Custodial Parent Securing Employment

If there are minor children, the court gives special consideration to the parent who has primary custody. The statute acknowledges that it may not be desirable or practical for that parent to work full-time, especially if the children are young or have special needs. The court will weigh the children's best interests against the parent's ability to earn an income.

How the Court Applies the Alimony Factors

A judge has broad discretion when applying these factors. There is no mathematical formula. Two cases with similar facts could result in different alimony awards depending on the specific evidence presented and the judge's interpretation.

The process generally involves:

1. Filing Financial Statements: Both you and your spouse must complete and file detailed financial statements with the court, as required by Practice Book § 25-30. This document is the foundation for all financial decisions.
2. Presenting Evidence: At a hearing or trial, you and your attorney will present evidence related to each of the statutory alimony factors. This can include testimony, financial documents, and expert opinions.
3. The Judge's Decision: The judge listens to the evidence, reviews the financial statements, and weighs all the factors to arrive at a decision that they believe is fair and equitable under the circumstances.

Important Considerations and Practical Advice

• Temporary Alimony: While your divorce is ongoing, the court can order temporary alimony, known as alimony pendente lite. This is meant to provide financial stability until a final decision is made. The court considers many of the same factors when making this temporary award (C.G.S. § 46b-83).
• Negotiating Your Own Agreement: You and your spouse are not required to have a judge decide for you. You can negotiate your own alimony agreement as part of a comprehensive settlement. A judge will still need to review it to ensure it is "fair and equitable" before incorporating it into your final divorce decree (C.G.S. § 46b-66).
• Modification and Termination: Alimony orders are not always set in stone. They can be modified in the future if there is a substantial change in circumstances for either party, such as a significant increase or decrease in income or a job loss (C.G.S. § 46b-86). Alimony typically terminates upon the death of either party or the remarriage of the recipient. It can also be terminated or modified if the recipient cohabitates with another person in a way that alters their financial needs.

Frequently Asked Questions about Alimony in Connecticut

Here are answers to some common questions about the alimony factors Connecticut uses.

1. Is there an alimony calculator for Connecticut?

No. Unlike child support, which is calculated using a strict formula, there is no official calculator for alimony in Connecticut. The award is entirely discretionary and based on the judge's assessment of the statutory factors in C.G.S. § 46b-82.

2. How does adultery affect alimony in Connecticut?

Adultery can have a significant impact. It falls under the "causes for the dissolution" factor. If one spouse's affair led to the breakdown of the marriage and potentially wasted marital assets, a judge can consider this when determining the amount and duration of alimony. However, it does not automatically guarantee or deny an alimony award.

3. How long do I have to be married to get alimony in CT?

There is no legally required minimum length of marriage to receive alimony. However, the "length of the marriage" is a primary factor. It is much less likely for a court to award long-term alimony in a marriage of two or three years than in a marriage of 25 years.

4. Can a man get alimony in Connecticut?

Absolutely. The laws governing alimony in Connecticut are gender-neutral. The decision is based on the financial circumstances and needs of the spouses, not their gender. If a husband earns significantly less than his wife or sacrificed his career for the family, he has the same right to request alimony.

5. What is "rehabilitative alimony"?

This is a common type of alimony awarded for a specific period. The goal is to provide the receiving spouse with the financial support needed to acquire education, training, or work experience to become self-sufficient.

6. Does living with someone else affect my alimony?

Yes. If you are receiving alimony and begin living with another person, your ex-spouse can file a motion to modify or terminate the alimony. Under C.G.S. § 46b-86(b), the court can suspend, reduce, or terminate payments if it finds that the living arrangement has caused a "change of circumstances as to alter the financial needs of that party."

7. Is alimony taxable?

Under federal tax law changes that took effect on January 1, 2019, for any divorce agreement executed after that date, alimony payments are not tax-deductible for the paying spouse and are not considered taxable income for the receiving spouse. This is a major shift from the old rules. You should always consult with a tax professional about your specific situation.

8. What happens if my ex-spouse stops paying alimony?

If your ex-spouse fails to pay court-ordered alimony, you can file a Motion for Contempt with the court (Practice Book § 25-27). If the judge finds them in contempt, they can order immediate payment, award you attorney's fees, and even impose jail time in severe cases.

Getting Help: Navigating Alimony in Your Connecticut Divorce

Understanding the alimony factors Connecticut courts use is the first step, but applying them to your unique situation can be complex. Because a judge has so much discretion, the way your case is presented is crucial.

Working with an experienced Connecticut family law attorney can help you gather the necessary financial documentation, build a strong case based on the statutory factors, and advocate effectively for a fair outcome. Whether you are negotiating a settlement or preparing for trial, professional guidance is invaluable in protecting your financial future.

Conclusion

The question of alimony in a Connecticut divorce is answered not by a simple formula, but by a careful and detailed analysis of your life and your marriage. The court's decision is guided by the comprehensive list of factors in C.G.S. § 46b-82, including the length of the marriage, the health and age of the parties, earning capacity, and the reasons for the divorce. By understanding these factors, you can be better prepared for the process and take the right steps to secure a fair and equitable resolution.