Opinion
No. FA 01 0181600 S
September 9, 2003
MEMORANDUM OF DECISION
The parties intermarried on October 2, 1993 in South Yarmouth, Massachusetts. The Court has jurisdiction as the Defendant ("husband") has resided continuously in Connecticut since 1995, and all statutory stays have expired. There are no children issue of this marriage. The evidence clearly established that the marriage has irretrievably broken down. Judgment may enter dissolving the marriage on that ground.
The Plaintiff ("wife") is 38 years old and enjoys good health. She is a graduate of Baruch College and obtained a bachelor's degree in computer information systems. She has worked regularly during this marriage earning a substantial income until the parties separated and she moved to South Carolina in November 2000.
The husband is 50 years old and also is in good health. He attended the University of Massachusetts for three years and thereafter attended a school for one and one-half years completing a course in computer programming and systems analysis. He has been gainfully employed during the marriage and also has operated a consulting firm. He currently is the Chief Technology Officer for a company which provides internal audit and business advisory services.
The parties disagree on the causes of the breakdown of their marriage. The wife claims the husband has been unfaithful, a charge the husband denies. He attributes the loss of "emotional connection" for their marital problems.
The Court finds the husband's testimony on plaintiff's issue to lack credibility. He must bear the responsibility for the failure of this marital relationship.
The Court has carefully considered the criteria set forth in Connecticut General Statutes, § 46b-62, 46b-81 and 46b-82 in reaching the decisions reflected in the Orders that follow:
The following Orders may enter:
1. During his lifetime, the husband shall pay to the wife as periodic alimony the sum of $1 per year. The payments shall commence on October 1, 2003 and continue until the wife's death, remarriage or October 1, 2008, whichever event first occurs. This order shall be subject to the provisions of Connecticut General Statutes § 46b-86 (b).
At the present time the wife is unemployed. She is, however, residing with a male friend who is assisting her with her financial needs. Should this relationship terminate, the wife may seek a modification of the periodic alimony order.
2. The marital residence at 425 Hunting Ridge Road, Stamford, Connecticut, shall be placed on the market for sale by October 15, 2003. If the parties are unable to agree on a listing price, sale price or any other issue in reference to the sale, they may request judicial assistance. The Court reserves jurisdiction for that purpose.
From the proceeds of sale, the following payments shall be made:
A. Payment of the first mortgage;
B. Repayment of the loan from husband's mother;
C. Payment of closing costs, including real estate commission;
D. Payment of following credit card debts in the amounts stated on husband's financial affidavit dated September 3, 2003:
1. Chase Visa
2. MBNA
3. Discover
E. The balance shall be equally divided between the parties.
The husband shall have exclusive possession of the residence until it is sold. He shall be responsible for the mortgage payments, property taxes and homeowner's insurance for that period. At the time of sale, the wife shall reimburse the husband for one-half of the principal mortgage reduction payments made by the husband from October 1, 2003 to date of sale.
If the husband wishes to maintain ownership of the marital residence, he may do so by the payment to the wife the sum of $116,000 and assume responsibility for the payment of the balances due on the credit cards referred to above (Chase Visa, MBNA, and Discover). Also, the husband shall be solely responsible for the payment of the outstanding mortgage, real estate taxes and loan from his mother. The husband shall indemnify and hold harmless the wife from any liability on the credit card debts, mortgage, property taxes and loan. Upon receiving payment, the wife shall transfer by quitclaim deed to the husband all her right, title and interest in the marital residence, subject to the encumbrances thereon.
The husband, if he elects to purchase the wife's interest in the marital residence, shall notify her in writing by October 15, 2003. Payment shall be made by November 30, 2003, otherwise, unless extended by the parties in writing, the option shall expire and the residence shall immediately be listed for sale. The Court reserves jurisdiction to resolve any disputes involving the exercise of the option.
3. The Park Avenue Securities Mutual Funds, Rollover IRA and the Charles Schwab One Account shall be equally divided in kind based on their values as of this date plus or minus investment gains and losses to the date of transfer.
4. The husband shall retain ownership of his Keogh Plan.
5. The husband shall pay to the wife as an assignment of property the sum of $10,000. Payment shall be made when the residence is sold or November 30, 2003, whichever first occurs.
6. The wife shall retain ownership of her real property located in Beaufort, South Carolina, her motor vehicle and bank accounts.
7. The husband shall retain ownership of his bank accounts.
8. The wife shall be solely responsible for the payment of the debts and attorneys fees listed on her financial affidavit, dated September 3, 2003. ($12,930 total) She shall indemnify and hold harmless the husband from any liability thereon.
9. The husband shall be solely responsible for the payment of the following liabilities listed on his financial affidavit dated September 3, 2003:
A. Condo realty line (KFFCU)
B. Checking reserve (KFFCU)
C. Attorneys fees
D. Diners Club credit card
The husband shall indemnify and hold harmless the wife from any liability thereon.
10. Each party shall maintain his/her own medical insurance and be solely responsible for his/her own un-reimbursed medical expenses.
11. The wife's maiden name of Connor is ordered restored.
12. The parties shall attempt to equitably divide their personal property, including the wine collection. The Court reserves jurisdiction to resolve any disputes.
13. All financial affidavits on file shall be unsealed. Judgment may enter accordingly.
NOVACK, J.T.R.