2009 Ct. Sup. 13261
No. FA 08-4109960Connecticut Superior Court Judicial District of New London at Norwich
August 7, 2009
MEMORANDUM OF DECISION
VASINGTON, J.T.R.
The plaintiff appeared represented by counsel and the defendant appeared pro se. 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 DiViagilio, intermarried in Old Lyme, Connecticut on December 1, 2001; 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 child 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. Both parties have minor children, issue of previous marriages.
The plaintiff, who was born June 14, 1962, is employed at Pfizer and earns a gross weekly income of $882 and a net weekly income of $617.65. She alleges weekly expenses totaling $1,047.59 per week. Plaintiff has a minor child living with her and receives $125 per week support.
The defendant, who was born November 8, 1960, is presently employed at Prudential. He has a gross weekly income of $1,980.77 and a net weekly income of about $1,468.97. In addition, he receives bonuses. In 2009 his bonus received to date provided him with an additional weekly income of $251.66 for a total weekly income of $1,720.63. Defendant alleges weekly expenses of $1,324.75, which includes a weekly support obligation of $152 for his minor child.
Plaintiff attributes the breakdown of the parties’ marriage due to the stress created by the parties’ finances and other problems which cause CT Page 13262 additional stress, all of which caused migraine headaches, constant arguments and verbal abuse and fear caused by defendant’s destruction of closet door, walls in studio although defendant helped repair the damage he caused.
Defendant attributed the breakdown of the marriage to plaintiff’s constant accusations of infidelity by the defendant and verbal abuse by the plaintiff.
At the time of the parties’ marriage, the plaintiff owned the marital home at 111 Rogers Lake Trail, Old Lyme, Connecticut. She valued it at $150,000 as of the date of the parties’ marriage subject to a mortgage with a balance of $94,500.
In February 2004, plaintiff refinanced the mortgage to $166,000 and in May 2008 she obtained a second mortgage on said premises which brought the encumbrances on said property to $248,000. She values the marital residence at $242,500 resulting in a minus equity of $5,500.
The defendant did not present any evidence of the market value of the marital home but testified he made improvements of $58,000 to the marital residence during the marriage.
Plaintiff claims the refinancing and second mortgage were necessary to pay the parties’ marital debts. She claims that the marital debts paid by the refinancing and the second mortgage totaled $169,151. See Plaintiff’s Exhibit 3. She requests that defendant pay one-half of said debts to her and alimony.
The parties’ other marital assets are listed in the orders issued hereafter.
Based on the testimony presented, it is clear that the marriage of the parties has broken down irretrievably without any hope for reconciliation. The court finds both parties responsible for the breakdown of their marriage. Accordingly, a judgment is entered dissolving the parties’ marriage on the grounds of irretrievable breakdown.
After considering the evidence, the pertinent statutes and the proposals of the plaintiff, defendant not having submitted any, it is ordered:
1. The defendant shall pay to the plaintiff weekly alimony of $300 plus 20% of defendant’s bonus for a period of four years, plaintiff’s CT Page 13263 remarriage, death or cohabitation with an unrelated male pursuant to Connecticut General Statutes, whichever is the first to occur. Said alimony is non modifiable as to term and amount.
2. The plaintiff shall keep the 2004 BMW-X3 free of any claim by the defendant, her Bank of America checking and savings accounts and her 401K.
3. The defendant shall keep his 1998 Jeep free of any claim by the plaintiff, his People’s United checking account and his 401K, his sailboat and Hobiecat boat.
Said boats shall be removed from plaintiff’s real estate at 111 Rogers Lake Trail, Old Lyme, Connecticut within 30 days, otherwise the plaintiff may dispose of said boats from her property free of any claim by the defendant for any damage or expenses incurred in removing said boats.
4. The defendant shall keep, free of any claim by the plaintiff, the Viva Vacation Club Property and shall keep the plaintiff harmless from all and any expenses arising out of the ownership of said property. Plaintiff shall execute any documents, if needed, to give defendant sole ownership of said property. Further, the defendant shall be solely responsible for the Viva Vacation Club debt of $10,521, as listed on plaintiff’s financial affidavit dated 8/4/09.
5. The defendant shall pay to the plaintiff $84,575.50 (50%) of the marital debts listed on Plaintiff’s Exhibit 3 in weekly payments of $300. Said amount is modifiable if there is an involuntary substantial change in defendant’s financial situation. Further, the plaintiff shall be responsible for 50% of the Citicard (1505) $12,625, Citicard (2691) $3,312 and Amex $9,193. The defendant shall pay same in weekly payments of $50 until paid in full unless modified due to a substantial change in the defendant’s financial circumstances. Each party shall hold the other harmless on their obligation.
6. The defendant shall be solely responsible for the debts listed on his financial affidavit dated 8/4/09 and hold the plaintiff harmless therefrom.
7. The plaintiff shall keep her property at 111 Rogers Lake Trail, Old Lyme, Connecticut free of any claim by the defendant. Plaintiff shall be liable for all expenses of ownership and encumbrances thereon and she shall hold the defendant harmless therefrom.
8. The defendant shall transfer to the plaintiff $5,750 of defendant’s CT Page 13264 IRA by a Qualified Domestic Relations Order. Plaintiff’s attorney shall prepare same at no expense to the defendant.
9. Each party shall pay their own attorneys fees, exception that defendant shall pay to the plaintiff’s attorney $300 pursuant to her Motion for Sanction, dated July 22, 2009.
CT Page 13265