EILEEN AASEN v. BRUCE AASEN.

2006 Ct. Sup. 2579
No. FA04 400 22 19Connecticut Superior Court Judicial District of Fairfield at Bridgeport
February 2, 2006

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION
CAROL A. WOLVEN, JUDGE.

This action was started by complaint dated September 13, 2004. Both parties appeared before this court, represented by counsel, on January 24 and January 25, 2006, for a limited contested trial. After listening to testimony, evaluating the credibility and demeanor of the witnesses, reviewing exhibits, documents and Claims for Relief, and considering the relevant statutory and case law, including, inter alia, Connecticut General Statutes §§ 46b-56, 46b-81, 46b-82 and 46b-62, the court finds the following.

The jurisdictional requirements have been met. The parties were intermarried on December 8, 1979, in Stratford, CT. Three children were born to this couple, all of whom have reached the age of majority. No other child was born to the plaintiff since the date of the marriage; she is not currently pregnant. Neither party has been on State or City assistance and this marriage has broken down irretrievably; without the hope of reconciliation.

The parties began dating in senior year of high school and both attended the Connecticut School of Electronics. The plaintiff became pregnant and the couple wed prior to the plaintiff completing this program. The parties had two more children and decided that the plaintiff would remain at home to care for them. She resumed employment fourteen years later as a nail technician. She has held various positions in this field since 1992; at one point her income averaged $1,000.00 per week, including tips. The plaintiff is self-employed and there is significant variance between her testimony, financial affidavits and other exhibits concerning her income. The court finds that the plaintiff has an earning potential of $650.00 a week, net. Ms. Aasen is in good health.

The defendant has been employed at Northup Gruman Norden CT Page 2580 Systems for the past 25 years as an Electronic Technician. He nets approximately $1,050.00 per week. Mr. Aasen was the primary financial contributor to the marriage over its twenty-six-year duration. He has had some medical problems; however, is currently in good health.

The parties purchased the marital home at 153 Klondike Dr., Stratford, CT, in 1985; the initial mortgage was $114,000.00. The house was refinanced a number of times, and again in January 2005 for $195,000.00, at which time the plaintiff received $22,000.00 with which she paid bills. The defendant received $20,000.00 which he utilized to repay debt and finance a Harley Davidson Motorcycle.

Currently, each party has significant debt, although the defendant had sufficient income to finance a trip abroad recently to visit a woman whom he met on the internet. The plaintiff chose to have cosmetic surgery in May of 2005; the balance of the bill, $11,000.00, remains outstanding. The court cannot attribute fault for the breakdown of this marriage; the marriage disintegrated over time owing to the behaviors of both parties.

The following orders are entered:

1) Dissolution
This marriage is dissolved on the grounds of irretrievable breakdown.

2) Real Property
The marital home is to be placed on the market immediately, and sold. The plaintiff may continue to reside in the marital home, until it is sold. Plaintiff will have exclusive rights of possession and occupancy until that time. The parties shall be equally responsible for payments of the mortgage and taxes, the home equity loan, home insurance and major repairs in excess of $250.00. The plaintiff shall be solely responsible for all utilities and any other expenses attributable to the maintenance and upkeep of the premises, until it is sold. The parties are to cooperate in the listing, showing and closing of the property. If the parties cannot agree on a listing broker, price, terms of the listing or like details, either party may move this court for further orders. The net proceeds from the sale (after mortgage, closing costs, taxes and attorneys fees) shall be divided 50% to CT Page 2581 the plaintiff, Ms. Aasen, and 50% to the defendant, Mr. Aasen.

3) Retirement Accounts
Any deferred compensation, retirement or 401K accounts shall be valued as of the date of judgment and distributed equally to the parties. The transfers will be effectuated by QDRO, if necessary. The parties shall retain Barry Kaplan within 30 days to draft the QDRO and the defendant shall cooperate in providing any information necessary to effectuate this order. The cost of the valuation and preparing the QDROs shall be shared equally.

4) Insurance Policies
The defendant shall maintain life insurance in the amount of $100,000.00 with the plaintiff named as sole beneficiary, until he is no longer responsible for the payment of alimony.

5) Alimony
The defendant shall pay to the wife periodic alimony in the amount of $200.00 per week for a period of five years, commencing on February 8, 2006. Commencing on February 1, 2011, alimony payments shall be reduced to $100.00 per week, which shall continue for a period of seven years. The alimony will terminate upon the death of either party, the plaintiff’s remarriage or the plaintiff’s co-habitation as defined by statute.

6) Post-Majority Support
The court retains jurisdiction over this matter pursuant Connecticut General Statute § 46b-56c for support orders pertaining to the child, Rebecca.

7) Liabilities
Each party shall be solely responsible for the debt and liabilities listed on her/his financial affidavit, and hold the other harmless on same.

8) Taxes
The parties shall file joint tax returns for the years 2004 and 2005, and shall share equally in the payment of any monies owing to the IRS. They shall share any monies refunded by the IRS, CT Page 2582 equally. The plaintiff shall provide the defendant with the financial information necessary for him to file these returns within 30 days of judgment. Thereafter, the parties shall file separately, and hold the other party harmless from any deficiency or tax liability caused by that party. For the year 2006, the parties shall equally share any deduction for the mortgage interest and real estate taxes. Any deduction for the youngest child shall be exercised by the wife in 2006, and for so long as this deduction is available.

9) Personal Property
The defendant shall remove all his personal belongings from the marital home within thirty days of this judgment. At the time the home is sold the parties shall divide the contents of the marital home fairly. If disagreement arises, it shall be resolved through binding arbitration/mediation, the cost of which shall be shared equally.

10) Motor Vehicles
The wife shall retain the 2001 Nissan Maxima. The wife shall be fully responsible and hold the husband harmless for all costs of maintaining same. The husband shall retain the 1998 and 2000 Ford Mustangs, the 1979 Silverado and the 2005 Harley Davidson. The husband shall be fully responsible and indemnify and hold the plaintiff harmless for all costs of maintaining these vehicles.

11) Medical Insurance
The plaintiff shall be entitled to avail herself of COBRA benefits, through the defendant’s employer, at her sole cost. The defendant shall cooperate in any efforts made by the plaintiff to secure these benefits.

12) Attorneys Fees
The defendant shall contribute $1,500.00 to the plaintiff’s legal fees within 60 days of the date of judgment. CT Page 2583