Alimony In Connecticut

Alimony is the legal obligation of a person to provide financial support to his or her spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each State.

In the State of Connecticut, Alimony is based on a spouse’s duty to support the other after a divorce when dependency has been determined by the court.

Ideally, Alimony is best determined by the Agreement of both parties, but if the agreement cannot be reached, Alimony will be decided by the judgment of a Family Judge in the Connecticut Superior Court.

Just like everything else regarding alimony there are no exact rules for alimony just general Rules of Thumb.

The shorter the marriage there is less-likely to be a presumption of alimony;

Typically, if the marriage lasted for two years or less then there will be a very short award of alimony, if any. Aside from this, the longer the marriage the longer the alimony payments can continue.

The longer the marriage the longer alimony will most likely have to be paid;

Typically, after 20 years the marriage is considered long-term meaning that permanent alimony is a possibility which is when alimony is paid until the death of either party.

Half the length of the marriage (for marriages less than 20 years);

Again, the most important point with regard to alimony is that judges have complete discretion, but a Rule of Thumb for marriages shorter than 20 years, is that an alimony order will be around half the length of the marriage. But given the discretion of the judges, these is still a wide range of terms of alimony.

A spouse can be ordered to pay you alimony if a family court judge finds that you were financially dependent on your spouse during your marriage.

In Connecticut, either spouse can request alimony and must do so, formally, in the claims for relief within the divorce complaint or cross-complaint.

Before a Connecticut Court awards alimony, the judge must take into account the factors set forth in the alimony statute (Conn. Gen. Stat. §46b-81), which factors include but are not limited to: the length of the marriage; the causes for the annulment, dissolution of the marriage or legal separation; the age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate and needs of each of the parties; and the property division award, if any, which the court may make.

Alimony is generally awarded in cases where the spouses have very unequal earning power and have been married a long time. For example, a judge is unlikely to award alimony if the couple has only been married for a year.

In Connecticut, either spouse can request alimony and must do so, formally, in the claims for relief within the divorce complaint or cross-complaint.

Before a Connecticut Court awards alimony, the judge must take into account the factors set forth in the alimony statute (Conn. Gen. Stat. §46b-81), which factors include but are not limited to: the length of the marriage; the causes for the annulment, dissolution of the marriage or legal separation; the age, health, station, occupation; amount and sources of income; earning capacity, vocational skills, education, employability, estate and needs of each of the parties and the property division award, if any, which the court may make.

Pendente lite translates to “pending the litigation,” and is a type of alimony or spousal support that may be granted during litigation to a party, based on the statutory factors (except for the cause of the breakdown of the marriage, which is not taken into account until the final orders). Pendente lite alimony is awarded during the action and prior to any final orders of judgment

There is no clear formula or explicit statutory guidelines for calculating alimony in Connecticut.

Family court judges have broad discretion in determining how much alimony will be paid, how it will be paid, and on what schedule.

Alimony is ideally determined by the Agreement of both parties, but if the parties cannot reach agreement, Alimony will be decided by the judgement of a Family Judge in the Connecticut Superior Court.

There is no such thing as an “alimony calculator,” so do not use any tool that represents itself as such, or rely on any information that such a tool may claim to offer. There is no way to accurately calculate alimony in Connecticut because of the many factors that family judges can consider when deciding alimony. Most importantly, each judge can exercise complete discretion when determining alimony, so, there is no consistent or reliable way to have an “alimony calculator”.

No, there is no clear formula or explicit statutory guidelines for calculating alimony in Connecticut, unlike the state guidelines that exist for child support.

The most important thing to understand about alimony in Connecticut is that family court judges have broad discretion in determining how much alimony will be paid, how it will be paid, and on what schedule.

Therefore, if you choose not to settle your divorce by a negotiated settlement, your alimony determination ultimately rests in the hands of a family judge — whose rulings are not predictable or necessarily consistent, and may not represent the realities of your family’s financial situation or needs

In the State of Connecticut, Alimony orders are either Temporary (a.k.a. Pendente Lite), Time-Limited, or Permanent (a.k.a. Lifetime).

The duration of a Pendente Lite alimony award will continue until final divorce orders are entered by a Family Court Judge or otherwise modified by formal judgement and entered as revised orders.

The duration of alimony payments, in the case of Time-Limited Alimony, is defined in your court ordered divorce (a.k.a. divorce agreement and a divorce decree.)  (Refer to Non-Modifiable Alimony exception below)

Lifetime Alimony in Connecticut means that the alimony payor must continue to pay alimony until either they die, or their ex-spouse pre-deceases them.   (Refer to Non-Modifiable Alimony exception below)

Lifetime Alimony does not, however, prevent a person from retiring at a reasonable retirement age, usually no earlier than age sixty-five, though every case is different. Reasonable retirement age can be dependent on the industry in which the alimony payor works or his or her profession. Once the alimony payor is ready to retire, assuming that he or she is retiring at a “normal” retirement age, he or she has the right to file a Motion to modify his or her alimony obligation (so long as the alimony award is modifiable), requesting that alimony should cease on the basis of retirement (a substantial change in circumstances). (Refer to Non-Modifiable Alimony exception below)

Alimony Payments After Death

Although one might assume that after the passing of either the payor or payee alimony payments will stop that is not always the case in Connecticut. In some situations, the court will order the payor to obtain life insurance (if they do not already have it) or other security forms so that if they were to pass away alimony payments could still proceed. Although this is not something that happens frequently it is a possibility and something to consider when thinking about how long your alimony payments might last

Alimony Modification

Either spouse can request a modification or termination of an alimony award if:

1. If there is a Substantial Change in Circumstances since the last order;
2. Remarriage or Cohabitation of the recipient spouse is living with (or remarries) another person, and the living arrangement alters the financial needs of the recipient. (Conn. Gen. Stat. Ann. § 46b-86).  A divorce order must specify that Alimony ends automatically upon remarriage to eliminate the need for a post judgement modification, otherwise a motion for post-judgement modification must be filed by the spouse-payee, heard, and modified order entered by a family judge.

Non-Modifiable Alimony Exception

However, if the spouses agreed in writing (or the court ordered) that alimony was non-modifiable, then neither spouse could ask for any changes to the alimony award in the future

The duration of Pendente Lite Alimony/Temporary Alimony Orders continue until final divorce orders are entered by a Family Court Judge or otherwise modified by formal judgment and entered as revised orders.

The duration of alimony payments, in the case of Time-Limited Alimony Orders, are defined in your court ordered divorce (a.k.a. divorce agreement and a divorce decree.)  (Refer to Non-Modifiable Alimony exception below)

Lifetime Alimony in Connecticut means that the alimony payor must continue to pay alimony until either they die, or their ex-spouse pre-deceases them.

Lifetime Alimony and Retirement - A Lifetime Alimony Award does not, however, prevent a person from retiring at a reasonable retirement age, usually no earlier than age sixty-five, though every case is different. Reasonable retirement age can be dependent on the industry in which the alimony payor works or his or her profession. Once the alimony payor is ready to retire, assuming that he or she is retiring at a “normal” retirement age, he or she has the right to file a Motion to modify his or her alimony obligation (so long as the alimony award is modifiable), requesting that alimony should cease on the basis of retirement (a substantial change in circumstances). (Refer to Non-Modifiable Alimony exception below)

Lifetime Alimony Payments and Death - Although one might assume that after the passing of either the payor or payee alimony payments will stop that is not always the case in Connecticut. In some situations, the court will order the payor to obtain life insurance (if they do not already have it) or other security forms so that if they were to pass away alimony payments could still proceed. Although this is not something that happens frequently it is a possibility and something to consider when thinking about how long your alimony payments might last

Alimony Modification -Either spouse can request a modification or termination of an alimony award in the event of:

• A Substantial Change in Circumstances since the last order; or,
• Remarriage or Cohabitation of the recipient spouse is living with (or remarries) another person, and the living arrangement alters the financial needs of the recipient. (Conn. Gen. Stat. Ann. § 46b-86).  A divorce order must specify that Alimony ends automatically upon remarriage to eliminate the need for a post judgement modification, otherwise a motion for post-judgment modification must be filed by the spouse-payee, heard, and a modified order entered by a family judge.

Non-Modifiable Alimony Exception

However, if the spouses agreed in writing (or the court ordered) that alimony was non-modifiable, then neither spouse could ask for any changes to the alimony award in the future

When determining whether alimony should be awarded and the amount and duration of the award, the court must consider all the evidence presented and a specified list of factors.

The factors the court considers when awarding alimony are:

1. The length of the marriage;
2. The cause for the annulment, dissolution, or legal separation;
3. The parties’ age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate, and needs;
4. Any property division ordered by the court;
5. Each spouse’s need for support; and
6. In the case of minor children, the desirability and feasibility of the custodial parent securing employment (CGS § 46b-82(a)).

The court must specify the basis for any order of alimony that only terminates upon the death of either party or the remarriage of the alimony recipient.

Alimony is very broadly determined or ordered based on the length of a marriage.

That said, there are many factors a Connecticut Family Judge must consider in determining an award of Alimony and their Alimony Orders.  Connecticut Family Judges have broad discretion in their consideration of these factors.

That said, the shorter duration of a marriage, the less-likely there should be a presumption of alimony;

Typically, if the marriage lasted for two years or less then there will be a very short award of alimony, if any. Aside from this, the longer the marriage the longer the alimony payments can continue.

If spousal support is owed under a court order or an agreement, a failure to pay the support owing is a breach of that order or agreement, and, in the case of orders, it can be contempt of court as well.

Unpaid alimony is also known as alimony arrears. Arrears can be collected via mediation, small claims court, or wage garnishment. Failure to comply with a court-issued spousal support order may also result in a contempt of court charge against the spouse who failed to pay owed alimony. Failure to pay court ordered Alimony may be met with a Motion for Enforcement or Contempt from your ex-spouse.  A person found guilty of contempt can be ordered to comply with the court orders, pay fines, face wage garnishment, or even receive jail time.

Alimony is generally awarded in cases where the spouses have very unequal earning power and have been married a long time. For example, a judge is unlikely to award alimony if the couple has only been married for a year.

In Connecticut, either spouse can request alimony and must do so, formally, in the claims for relief within the divorce complaint or cross-complaint.

Before a Connecticut Court awards alimony, the judge must take into account the factors set forth in the alimony statute (Conn. Gen. Stat. §46b-81), which factors include but are not limited to: the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate and needs of each of the parties and the property division award, if any, which the court may make

Alimony is generally awarded in cases where the spouses have very unequal earning power and have been married a long time. For example, a judge is unlikely to award alimony if the couple has only been married for a year.

In Connecticut, either spouse can request alimony and must do so, formally, in the claims for relief within the divorce complaint or cross-complaint.

Before a Connecticut Court awards alimony, the judge must take into account the factors set forth in the alimony statute (Conn. Gen. Stat. §46b-81), which factors include but are not limited to: the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate and needs of each of the parties and the property division award, if any, which the court may make

Yes, alimony or spousal support can be modified as long as 1) the alimony award is not non-modifiable, or 2) your right to alimony was not waived by way of your divorce settlement. If the parties agreed that the alimony award would be non-modifiable, then neither spouse may seek a modification, regardless of the change in circumstances. If one, or both, parties waived their right to future spousal support obligations in their divorce decree, then no matter how dramatic a change in post-divorce circumstances they experience, that party cannot seek alimony in the future.

[NOTE: As a result, spouses’ separation agreements and judges’ decisions often contain a nominal alimony payment like $1.00 to preserve the right to modify alimony — By including $1.00 of alimony, the court is able to modify alimony if it becomes appropriate down the road after a finding of a substantial change of circumstances.]

However, assuming alimony was awarded in the divorce agreement, then spousal support (even permanent alimony) can be modified. Modification typically occurs when there is a substantial change in financial circumstances or by Agreement.

Substantial Change in Circumstances

Under Connecticut law, if one party shows that there has been a substantial change in the circumstances of the other party, the court, after a hearing, may continue, set aside, alter, or modify the alimony orders. The court must use the statutory factors outlined above to determine what modification, if any, is appropriate. Retroactive modification is prohibited, except for the period during which a motion to modify the order is pending from the date of service of the motion.

Cohabitation

If the alimony recipient cohabitates with another person and the court finds that the living arrangement alters the recipient’s financial needs, the court may, after a hearing, modify alimony payments (CGS § 46b-86(b)).

By Agreement

If the parties’ agree on the circumstances under which alimony may be modified, the court must enter and enforce orders that include the provisions of such agreement (CGS § 46b-86(b)).

Historically, alimony has always been a tax deduction for the paying spouse and reported as income to the recipient. However, on December 22, 2017, the President of the United States signed as part of the Tax Cuts and Jobs Act (TCJA) enacted by the United States Congress in 2017

The new tax law became effective on January 1, 2019, and for divorces finalized after December 31, 2018, alimony payments are no longer tax-deductible or reportable income to the recipient

Historically, alimony has always been a tax deduction for the paying spouse and reported as income to the recipient, however, the payor for divorces finalized after December 31, 2018, alimony payments are no longer tax-deductible to the payor or reportable income to the recipient.

In Connecticut, either spouse can request alimony and must do so, formally, in the claims for relief within the divorce complaint or cross-complaint.

Before a court awards alimony, the judge must take into account the factors set forth in the alimony statute (Conn. Gen. Stat. §46b-81), which factors include but are not limited to: the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate and needs of each of the parties and the property division award, if any, which the court may make

Remarriage and Cohabitation and Alimony - In the event that a recipient ex-spouse Remarries or Cohabitates and that living arrangement alters the financial needs of the recipient ex-spouse, Conn. Gen. Stat. Ann. § 46b-86 allows for Alimony to be modified.

A Motion for Post-Judgement Modification will be need to be filed with the Family Court unless your divorce order explicitly specifies that your Alimony payment obligations automatically terminate upon the remarriage of your ex-spouse.

Otherwise, The Motion for Modification will need to be filed, heard and a Family Court judgment entered before your Alimony obligation is terminated or modified.  Unless and until this happens, Alimony remains a Court Order and you must continue to pay.

Do not stop paying your ordered Alimony or engage in self-help.  If unpaid spousal support is owed under a court order or an agreement, a failure to pay the support owing is a breach of that order or agreement, and, in the case of orders, you can be held in contempt of court as well.

Unpaid alimony is also known as alimony arrears. Arrears can be collected via mediation, small claims court, or wage garnishment. Failure to comply with a court-issued spousal support order may also result in a contempt of court charge against the spouse who failed to pay owed alimony. Failure to pay court ordered Alimony may be met with a Motion for Enforcement or Contempt from your ex-spouse.  A person found guilty of contempt can be ordered to comply with the court orders, pay fines, face wage garnishment, or even receive jail time.

Non-Modifiable Alimony Exception - However, if the spouses agreed in writing (or the court ordered) that alimony was non-modifiable, then neither spouse could ask for any changes to the alimony award in the future.