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Property Division in Connecticut Divorces

Hoffkins Legal Services, LLC May 3, 2024

Westport Attorneys Helping Parties in Divorce Matters

When people get married, they often combine their financial accounts and resources and consider their property to be mutually owned. When couples decide to divorce, though, one of the biggest points of contention is how their property should be divided. While Connecticut has laws pertaining to the distribution of assets in divorces, the courts have substantial discretion in determining what is fair. Depending on how they rule, their decisions can have a significant impact on a person's financial well-being. If you have questions about property division in Connecticut divorces, it is critical to meet with an attorney as soon as possible to evaluate your options. Kevin L. Hoffkins is a knowledgeable Westport property division lawyer who is skilled at helping people fight to defend their rights in divorce matters. If you hire him, he will zealously advocate on your behalf. Mr. Hoffkins regularly helps people with family law issues in Westport and other cities in Fairfield and New Haven Counties.

Characterization of Property in A Connecticut Divorce

Connecticut is an "all property" state. In other words, any asset owned by either spouse is considered marital property that is subject to equitable distribution, regardless of when it was acquired, what the title to the property states, or whether it was a gift or inheritance given to one spouse. Generally, marital assets include any property owned by either spouse, including real estate, and benefits in retirement funds or accounts with financial institutions. Gifts given by one spouse to another and personal property are considered marital as well. Property can be expressly defined as nonmarital via a prenuptial or postnuptial agreement entered into by the parties, however. The Connecticut courts will generally enforce marital agreements as long as they were validly executed and entered into without fraud or collusion. A good Westport property division lawyer such as Attorney Kevin L. Hoffkins can help determine what property you can claim in your divorce.

Property Division in Connecticut Divorces

Connecticut is an equitable distribution state, which means that in divorce actions, a court will divide marital property in a manner that it deems fair and just. This does not mean that the distribution of marital assets will necessarily be equal, however. Instead, it is within the courts' discretion to distribute property in an unequal manner. You need a trusted attorney such as Westport property division lawyer

The courts will consider numerous factors to determine whether one spouse should be granted a greater share of the marital property. Considerations a court may weigh in determining a fair distribution include the economic situation of the parties and what each person contributed to the marriage in terms of income, childcare, and household services. The court will also look at the length of the marriage, the needs and health of the parties, the reason the marriage is ending, and the parties' earning capacities.

Additionally, courts may examine whether it is beneficial for either party to retain an asset, like a business or professional practice, and whether it is appropriate for either party to keep the marital home as a residence for any minor children the couple shares. Finally, the court will evaluate whether either person intentionally dissipated or depleted marital property before the divorce was filed or while it was pending. Call Westport property division attorney to develop a strategy to obtain a fair division of property in your divorce.

Speak to A Dedicated Connecticut Family Law Attorney

Typically, a divorce not only changes peoples' relationship status but also results in substantial changes to their property ownership. If you believe the end of your marriage is imminent, it is wise to speak to an attorney about property division in Connecticut divorces and what measures you can take to protect your interests. Kevin L. Hoffkins is a dedicated Westport family law lawyer who is proficient at helping people navigate the complexities of divorce matters. He also has the knowledge and resources to help you seek a just outcome. Attorney Kevin L. Hoffkins has an office in Westport, and he regularly represents people in divorce cases involving property distribution in Norwalk and in cities throughout Fairfield and New Haven Counties. You can reach him at (203) 612-7015 or through our online form to set up a complimentary meeting.