Family Law Laws in Connecticut

Family Law Law in Connecticut: Overview

Connecticut family law is governed by Connecticut General Statutes Title 46b. The state follows equitable distribution for property division, with courts having broad discretion to divide all property, including separate property, in a manner that is fair and equitable. Connecticut recognizes both no-fault and fault-based grounds for divorce, with the no-fault ground being irretrievable breakdown of the marriage. The state uses the income shares model for child support and applies the best interests of the child standard for custody determinations. Connecticut requires a 12-month residency period before filing (with some exceptions), and there is a 90-day waiting period after the return date before the court can enter a final decree. Connecticut is notable for its "all-property" approach to equitable distribution, meaning the court can consider and divide all assets owned by either spouse, regardless of when or how they were acquired.

Key Statutes & Deadlines

All-Property Equitable Distribution

Connecticut is distinctive in its "all-property" approach to equitable distribution. Unlike most states that distinguish between marital and separate property, Connecticut courts have the authority to divide all property belonging to either spouse, regardless of when or how it was acquired. This includes property owned before the marriage, inherited property, and gifts. Under Conn. Gen. Stat. § 46b-81, the court considers the length of the marriage, the causes for the dissolution, the age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, employability, estate, liabilities, and needs of each party, and the contribution of each party to the acquisition, preservation, or appreciation of assets.

Alimony Types and Duration

Connecticut courts may award several types of alimony under Conn. Gen. Stat. § 46b-82, including periodic (ongoing payments), lump-sum, rehabilitative (to help a spouse become self-supporting), and nominal (preserving the right to future support). The court considers factors including the length of the marriage, the causes of the dissolution, the age and health of each party, the station and occupation of each party, the earning capacity of each party, and the needs of the party requesting alimony. Connecticut does not have a statutory formula for calculating alimony, giving courts broad discretion. Alimony automatically terminates upon the death of either party or the remarriage of the recipient, unless otherwise ordered.

Child Custody and Parenting Plans

Connecticut applies the best interests of the child standard in custody determinations. Under Conn. Gen. Stat. § 46b-56, the court considers the child's temperament and developmental needs, the capacity of each parent to understand and meet the child's needs, the child's wishes if of sufficient age and maturity, the length of time the child has lived in a stable environment, the willingness of each parent to facilitate a relationship with the other parent, and any history of domestic violence. Connecticut encourages parents to submit parenting plans and may require mediation in contested custody cases. The state also provides for the appointment of a guardian ad litem or attorney for the minor child in custody disputes.

Connecticut Court System

Family law cases in Connecticut are handled by the Superior Court, which is the state's single trial court. Connecticut's Judicial District courts handle divorce and family law matters, with 13 judicial districts across the state. The state has dedicated family divisions within the Superior Court system, and many courthouses have family services units that provide mediation and counseling. Connecticut also operates Regional Family Trial Dockets in some locations, which provide expedited handling of complex family law cases. Appeals from family law decisions go to the Connecticut Appellate Court and may be further reviewed by the Connecticut Supreme Court. Connecticut has been a leader in developing family court services, including mandatory parenting education programs for divorcing parents.

Damages & Penalties

Connecticut courts divide property equitably using the all-property approach, considering the full range of statutory factors. There is no presumption of equal division, and courts have broad discretion in fashioning property awards. Alimony is determined based on the statutory factors without a fixed formula, and courts may award permanent, rehabilitative, or lump-sum alimony depending on the circumstances. Child support is calculated using the income shares model under the Connecticut Child Support and Arrearage Guidelines, which consider both parents' net incomes, the number of children, health insurance costs, and childcare expenses. The guidelines include a self-support reserve to ensure the obligor parent retains sufficient income for basic needs. Deviations from the guidelines are permitted when their application would be inequitable or inappropriate. Enforcement of support orders includes wage withholding, tax refund intercepts, license suspension, contempt of court, and liens on property. Connecticut also imposes interest on past-due support obligations and may require the posting of security for future support payments.

Recent Legislative Changes

Connecticut has recently updated its child support guidelines to adjust income shares and reflect current costs of raising children. The state has also expanded access to alternative dispute resolution in family law cases and improved procedures for handling high-conflict custody disputes, including the expanded use of parenting coordinators.

Frequently Asked Questions