Distribution of Marital Property

In addition to alimony, Connecticut Courts have the authority to award any part of the property owned by one spouse to the other. The basis of property distribution in Connecticut is known as equitable distribution. The courts have vast power to make any order concerning property that they consider equitable. Clients often have the mistaken belief that upon divorce the other spouse will automatically receive half of the marital property. This confusion probably comes from television shows and movies which are made in California in which the law of community property is very different from our law.

The authority of a court to make any property distribution award is set by a statute which sets up criteria for the court to consider in making such an award. The court has the obligation to weigh all of these factors in making its decision. The factors include most of the same factors that a court would use to determine alimony. However, in making an award concerning property, the court must also consider the contribution of the parties in the acquisition, preservation and appreciation of their respective estates.

Connecticut courts even have the authority to order one spouse to convey property to the other spouse when that property is located out of state. Thus if one party owns a vacation home in another state, he or she could be ordered to convey it to the other spouse upon the final divorce.

Obviously, many factors must be argued properly before the court to get a fair distribution of marital property. A fair distribution of marital property will only come about when you have a strong advocate for your cause to argue your case.  Attorney Kevin L. Hoffkins has experience obtaining fair distributions of marital property for his clients throughout his twenty years of practice.