Categories: Connecticut Superior Court Opinions

BECKER v. BECKER, No. FA 02-038 85 16S (Jan. 6, 2004)

MITCHELL W. BECKER v. RANDALL N. BECKER.

2004 Ct. Sup. 602
No. FA 02-038 85 16SConnecticut Superior Court, Judicial District of Fairfield at Bridgeport
January 6, 2004

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION
FISCHER, JUDGE.

The parties were married on July 20, 1972 in Rutherford, New Jersey. The wife’s maiden name was Randall Nydegger. The parties have no minor child issue of this marriage. They have two adult children, Matthew age 28, and Jared age 26.

This court has jurisdiction. The plaintiff has resided continuously in the State of Connecticut for at least one year preceding the date of the filing of the complaint. The marriage of the parties has broken down irretrievably and is hereby dissolved.

The court finds the plaintiff is 53 years old and is in good health. He is a college graduate who obtained a law degree. He has worked in the construction management field the majority of his adult life.

The parties had numerous moves during the course of their marriage. The moves were precipitated by the husband’s career advancement. The wife raised their two children pursuant to the parties’ agreement.

The parties’ moves included Pittsburgh, Virginia, Easton, Connecticut, Ridgefield, Connecticut, Chicago, Wilton, Connecticut and Fairfield, Connecticut.

In the fall of 2000 the husband became the CEO of a construction company. In October 2003 he was terminated, without notice, from his job. He is currently receiving a severance of $31,250.00 per month which is expected to terminate on September 20, 2004.

The husband has hired an attorney concerning his termination. There are currently negotiations going forward in attempt to CT Page 603 resolve said matter.

The husband had received bonuses from his employer in the past. To date he has not received a 2003 bonus but expects to sometime in the future.

The husband is actively seeking new employment.

The wife is 53 years old, and is in fair health. She suffers from depression and often gets tired. She currently works as a legal secretary approximately 20 hours a week. In May of 2002 she suffered a stroke. She is a college graduate.

The wife’s average gross weekly wage is $380.00 and net weekly is $302.00.

The parties jointly own 217 Verna Hill Road in Fairfield. The fair market value is 1.7 million dollars and the mortgage balance $972,000.00. The parties have agreed on the division of this asset.

The court finds that the fault for the breakdown of the marriage should be attributed to a greater extent to the husband In the spring of 2001 he started a romantic relationship with a business associate. In November 2001 he informed his wife he wanted a divorce. She was shocked. He denied any involvement with a third party to his wife.

The court having heard the evidence submitted at trial, including documentary evidence, and having considered all the appropriate statutory factors including Connecticut General Statues 46b-81 and 46b-82 enters the following orders:

1. The husband shall pay the sum of $12,500.00 per month to the wife for her lifetime as alimony. Said alimony shall terminate upon:

a. Death of either party

b. Wife’s remarriage

c. Wife’s cohabitation as defined by statute

Husband to notify the wife upon obtaining a new job. Alimony to be reviewed upon husband obtaining new CT Page 604 employment or his severance terminating.

2. The marital residence shall be listed for sale promptly with Coldwell Banker pursuant to the parties’ agreement dated December 16, 2003 and incorporated herein. The home shall be sold and net proceeds divided equally. Until the sale the wife shall have exclusive possession of the property and be responsible for all normal maintenance of the property, the mortgage, real estate taxes, insurance and utilities. The court shall retain jurisdiction over the sale of the property.

3. The husband’s deferred assets totaling approximately $410,000.00 shall be valued as of the date of dissolution and be split by the parties 50/50. The cost of the QDRO shall be paid equally by the parties.

4. The husband shall furnish the necessary information to the wife to effectuate her COBRA election.

5. The 1994 Saturn shall be sold and proceeds divided equally. The 2001 Volvo lease to be transferred from the husband to the wife. The wife shall pay said lease payments in connection with the Volvo.

6. Each party shall keep his or her sole bank accounts.

7. The parties shall split equally the net proceeds derived from the husband’s wrongful discharge/termination claim against his former employer.

8. The parties shall split equally the husband’s 2003 bonus when received.

9. As to antiques and furnishings the parties’ written agreement of December 16, 2003 is incorporated within the judgment. The court shall retain jurisdiction on this issue.

10. The $7,500.00 bond held by Rolling Mills Country Club, when released, shall be divided equally between the parties.

11. The husband shall maintain life insurance on his life and shall designate the wife as beneficiary of $750,000.00 for so long as he is obligated to pay alimony or his 72nd birthday, whichever event shall first occur. CT Page 605

12. The parties shall split 50/50 any tax refund due for 2002 and 2003 and shall pay equally for the costs of preparing the returns and any taxes due in connection with same.

13. Husband’s frequent flyer miles to be split 50/50 per the agreement of the parties.

14. The husband to be solely responsible for the following debts:

A. Matthew’s School Loan.

B. Amex Corporate Card

C.J.P. Morgan Chase

D. Weisman Lubell