What types of alimony are there in Connecticut?

Navigating a divorce is one of life's most challenging experiences, and when you add financial uncertainty to the mix, it can feel overwhelming. One of the biggest questions people have is about alimony, also known as spousal support. If you're wondering about the different types of alimony in Connecticut, you've come to the right place.

The short answer is that Connecticut law doesn't define rigid categories of alimony like some other states do. Instead, our state gives judges broad discretion to create financial orders that are fair and equitable based on the unique circumstances of each case. The court’s goal is to determine if one spouse has a financial need and if the other has the ability to pay, considering a long list of factors.

While there aren't official labels, alimony in Connecticut is typically structured in a few common ways, which we'll explore in detail. This guide will walk you through the legal foundation for spousal support, the common structures you'll encounter, and the critical factors that influence a judge's decision.

Understanding Alimony: The Legal Foundation in Connecticut

In Connecticut, the primary law governing alimony is Connecticut General Statutes (C.G.S.) § 46b-82. This statute doesn't just give the court the power to award alimony; it provides a mandatory checklist of factors a judge must consider. It’s not about a simple formula; it’s a careful balancing act.

According to C.G.S. § 46b-82(a), when deciding whether to award alimony and for how long and how much, the court must consider:

The length of the marriage
The causes for the divorce or legal separation
The age and health of each spouse
Each spouse's station, occupation, and sources of income
Earning capacity, vocational skills, education, and employability
The estate and financial needs of each spouse
The property division award made in the divorce
In cases with minor children, the desirability and feasibility of the custodial parent securing employment

This list is the bedrock of every alimony decision in the state. It means the court looks at the complete picture of your marriage and your individual situations to craft an order that fits your family.

Common Alimony Structures in Connecticut

Even though the law doesn't name them, alimony awards in Connecticut generally fall into a few functional categories. Think of these less as official "types of alimony in Connecticut" and more as different ways a judge can structure the payments to achieve a fair outcome.

1. Temporary Alimony (Pendente Lite)

This is alimony paid while the divorce is pending. The legal term is "pendente lite," which is Latin for "pending the litigation." Its purpose is to provide financial support to a lower-earning spouse from the time the divorce is filed until the final judgment.

According to C.G.S. § 46b-83, the court can award temporary alimony to "maintain the financial status quo" of the family as much as possible during the divorce process. This ensures that one spouse isn't left in a dire financial situation while negotiating the final terms of the divorce. These orders are based on the same factors as final alimony orders and are determined after a hearing. Temporary alimony automatically ends when the divorce is finalized, at which point a new, permanent alimony order (if any) takes its place.

2. Time-Limited Alimony (Often Called Rehabilitative Alimony)

This is the most common form of post-divorce alimony in Connecticut today. Time-limited alimony is paid for a specific, fixed period. The goal is to provide the receiving spouse with the financial support needed to get back on their feet and become self-sufficient.

This support might be used to:

Complete a degree or vocational training program.
Gain work experience to re-enter the job market after a long absence.
Bridge the financial gap until children are old enough for the parent to work full-time.

The duration of time-limited alimony is not based on a formula. While it's often linked to the length of the marriage (e.g., half the length of the marriage), this is a common practice, not a legal rule. The judge decides the duration based on the C.G.S. § 46b-82 factors.

3. Open-Ended or "Lifetime" Alimony

Open-ended alimony, which continues until the death of either party or the remarriage of the recipient, is increasingly rare. It is typically reserved for divorces ending very long-term marriages (often 25 years or more), especially when one spouse is of an advanced age or has significant health issues that prevent them from ever becoming self-supporting.

Connecticut law recognizes the significance of such an award. C.G.S. § 46b-82(b) requires 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 the judge must explicitly explain on the record why such a long-term award is necessary.

4. "Dollar-a-Year" Alimony

This is a unique and important concept in Connecticut divorce law. The court can order one spouse to pay the other a symbolic $1.00 per year in alimony. This isn't about the money; it's about preserving the court's ability to modify the alimony award in the future.

Here’s why it’s used: If the court awards zero alimony, the door to receiving it in the future is permanently closed. You cannot go back to court later and ask for alimony if you weren't awarded any in the original divorce decree. However, a $1-a-year award is a modifiable order. If the recipient later experiences a "substantial change in circumstances" (like a serious illness or job loss), they can ask the court to increase the alimony to a meaningful amount. It’s a financial safety net, often used when one spouse has an uncertain health or employment future.

Modifiable vs. Non-Modifiable Alimony: A Critical Choice

This isn't a "type" of alimony so much as a crucial feature of your divorce agreement.

Modifiable Alimony (The Default): Under C.G.S. § 46b-86, unless your divorce decree says otherwise, alimony is modifiable. This means either party can go back to court and ask to change the amount or duration if there has been a "substantial change in the circumstances of either party."
Non-Modifiable Alimony (By Agreement): Spouses can agree to make alimony non-modifiable. This agreement must be clearly stated in the divorce settlement. If you agree to non-modifiable alimony, you are giving up the right to ask the court for a change later, no matter what happens—a job loss, a promotion, an illness, or a lottery win. This provides certainty for both parties but comes with significant risk. It is a critical decision that should only be made with a full understanding of the long-term consequences.

Important Considerations About Alimony in Connecticut

Beyond the different structures, several other key factors play a role in how alimony works in our state.

How is the Amount of Alimony Calculated?

This is a common and understandable question, but the answer is simple: there is no formula for calculating alimony in Connecticut. Unlike child support, which is determined by strict guidelines, alimony is entirely at the discretion of the judge, who must weigh the factors listed in C.G.S. § 46b-82.

The most important document in this process is the financial statement. Under Practice Book § 25-30, both parties must file a sworn financial statement detailing their income, expenses, assets, and liabilities. The court relies heavily on these documents to assess need and ability to pay.

When Does Alimony End?

Unless the parties agree otherwise in a non-modifiable agreement, alimony typically terminates upon the first of these events to occur:

The death of either the paying or receiving spouse.
The remarriage of the receiving spouse.
A specific date set by the court in a time-limited award.
A court order modifying or terminating alimony due to cohabitation. C.G.S. § 46b-86(b) allows the court to suspend, reduce, or terminate alimony if the recipient is "living with another person" and this arrangement causes a "change of circumstances as to alter the financial needs of that party."

Tax Implications

This is a major change that affects all recent divorces. Due to the federal Tax Cuts and Jobs Act of 2017, for any divorce agreements finalized on or after January 1, 2019, alimony is no longer tax-deductible for the payer or considered taxable income for the recipient. This is a significant shift from the old system and must be factored into any settlement negotiations.

The Role of "Fault"

Connecticut is primarily a "no-fault" divorce state, meaning you only need to state that the marriage has "broken down irretrievably." However, the "causes for the dissolution" is one of the factors the court must consider when awarding alimony (C.G.S. § 46b-82(a)). This means that if one spouse's behavior (like adultery or abuse) led to the breakdown of the marriage, the judge can consider that when deciding on the amount and duration of alimony. It is just one factor among many and rarely the sole reason for a particular award.

Frequently Asked Questions About Alimony in CT

1. How long do I have to be married to get alimony in Connecticut?

There is no minimum length of marriage required to receive alimony. However, the "length of the marriage" is one of the most significant factors a court considers. Generally, the longer the marriage, the more likely a court is to award alimony, and potentially for a longer duration.

2. Can a man get alimony in Connecticut?

Absolutely. Connecticut's alimony laws are gender-neutral. The decision is based on financial need and ability to pay, not the gender of the spouses.

3. Is alimony always awarded in a Connecticut divorce?

No. Alimony is not automatic. It is awarded on a case-by-case basis. If both spouses have similar incomes and earning capacities, or if the marriage was very short, it's possible that no alimony will be awarded.

4. What is a "substantial change in circumstances" for modifying alimony?

This isn't defined by a statute, but it generally refers to a significant, ongoing, and involuntary change in a person's financial situation. Common examples include:

Involuntary loss of a job
A significant promotion or raise
A serious illness or disability affecting the ability to work
Retirement at a customary age
A substantial inheritance

5. Does adultery automatically prevent me from getting alimony?

No. While adultery can be considered as one of the "causes for the dissolution," it does not automatically disqualify you from receiving alimony. The judge will weigh it along with all the other statutory factors. Its impact depends heavily on the specific facts of your case, such as whether marital funds were spent on the affair.

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

If your ex-spouse violates the court's alimony order, you can file a Motion for Contempt with the court. Under C.G.S. § 46b-87, if the court finds your ex in contempt, it can order them to pay what is owed, pay your attorney's fees, and even impose other penalties, including jail time in severe cases.

7. How does my spouse's "earning capacity" affect alimony?

Earning capacity is a crucial factor. The court can look at what a spouse could be earning, not just what they are currently earning. If a judge believes a spouse is voluntarily underemployed or unemployed to avoid paying support, they can base the alimony award on that person's potential income, based on their education, skills, and work history.

Getting Help

Understanding the different types of alimony in Connecticut and how they might apply to your situation is complex. The financial orders made in your divorce will have a lasting impact on your future. It is highly recommended that you consult with an experienced Connecticut family law attorney who can explain your rights and options. An attorney can help you negotiate a fair settlement or, if necessary, advocate for you in court.

Please remember, this article is for informational purposes only and does not constitute legal advice. Every divorce is unique, and only a qualified professional who understands the details of your case can provide the guidance you need.

Conclusion

While Connecticut may not have a list of formally named types of alimony, it offers a flexible and comprehensive system for addressing spousal support. The law empowers judges to look beyond simple formulas and consider the full human and financial context of your marriage. Whether it's temporary support to get you through the divorce process, time-limited alimony to help you transition to self-sufficiency, or a $1-a-year award to protect your future, the goal is always to achieve a fair and equitable outcome. By understanding the factors the court considers and the common ways alimony is structured, you can better prepare for the financial realities of life after divorce.