ABORN v. ABORN, No. FA 09-4110194S (Jul. 16, 2009)


JOAN T. ABORN v. DAVID M. ABORN.

2009 Ct. Sup. 12125
No. FA 09-4110194SConnecticut Superior Court Judicial District of New London at Norwich
July 16, 2009

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION
VASINGTON, JTR.

The parties appeared represented by counsel. All statutory stays having expired, the court has jurisdiction.

Having heard the evidence, the court finds as follows:

The defendant and the plaintiff, whose maiden name was Bunker, intermarried at East Hartford, Connecticut on November 19, 1988; that the plaintiff has resided continuously in Connecticut for a period of one year next preceding the date of the filing of this complaint; that there are no minor children issue of the marriage of the parties; that there were no other minor children born to the plaintiff since the date of the marriage of the parties; that the marriage has broken down irretrievably; that there is no hope of reconciliation and that no state agency is presently contributing to the care or welfare of the parties.

The plaintiff suffers from a bipolar disorder and other health problems. She is unemployed but receives Social Security disability of $183.72 per week. She alleges in her financial affidavit, dated June 2, 2009, weekly expenses of $303 and weekly payments of $125 on her debts totaling $13,550. At the time of trial, she was receiving weekly alimony of $250. However, defendant is $795 in arrears as of the time of trial.

The defendant, whose health is fair, suffers from diabetes. He is presently unemployed. In the Vietnam war, defendant suffered from Agent Orange. He receives a veteran’s benefit of $678.83 per week. Defendant also receives weekly Social Security disability benefits of $239.23. His total net weekly income is $918.06.

Defendant alleges weekly expenses of $898.98 and debts of $9,950 on which he alleges he pays $72.63 weekly.

Plaintiff attributes the breakdown of the marriage to the defendant’s lack of interest in sex with her; that he pushed her once; that defendant CT Page 12126 verbally abused her calling her a whore, fat and ugly; that he threatened to kill her; that he was sending money to women he met on the internet and that he was arrested for domestic violence in March 2008 and is presently subject to a protective order.

Defendant testified that the breakup of the marriage was because of plaintiff’s bipolar disorder which caused plaintiff to be forgetful, emotional and upset at times; that plaintiff, who drove into Garden City, New York didn’t remember it; that he had to go get her and that this all affected the marriage.

The parties separated in May 2008. After the separation, defendant admits that he sent $14,000 to $15,000 to women he met on the internet and that during his marriage of nearly 20 years that he had sex with plaintiff five to seven times and that sex was not important to him.

The plaintiff’s only assets are a 2003 Kia automobile valued at $5,000 and a Chelsea Groton checking and savings accounts totaling $100.The defendant owns a 2007 Saturn automobile valued at $10,000, which is subject to a $13,000 loan.

Based on the evidence, it is clear the marriage of the parties has broken down irretrievable without any hope for reconciliation. The court finds the defendant more at fault for the breakdown.

After considering the evidence presented, the provisions of the pertinent statutes and the proposed orders of both parties, judgment is entered dissolving the marriage of the parties on the grounds of irretrievable breakdown without any hope for reconciliation. It is ordered that:

1. The plaintiff shall keep the 2003 Kia automobile free of any claim by the defendant. If necessary, he shall execute any documents necessary to transfer to plaintiff any interest he may have in said Kia.

2. The defendant shall keep the 2007 Saturn and be solely responsible for any loans on said automobile and shall keep the plaintiff harmless therefrom. If necessary, the plaintiff shall execute any documents necessary to transfer to the defendant any interest she may have in said Saturn.

3. No alimony is awarded to either party. In lieu thereof, the defendant shall transfer by Qualified Domestic Relations Order (QDRO) 50% of his veteran’s benefits to the plaintiff. If QDRO is not available, he CT Page 12127 shall pay to the plaintiff 50% of his pension benefits each time he receives them.

4. Each party shall be responsible for the debts listed on their respective financial affidavits.

5. The defendant shall pay to the plaintiff the alimony arrearage of $795 within 60 days.

6. Each party shall pay their own attorneys fees.

CT Page 12128