2003 Ct. Sup. 7185
No. FA 02 0088068SConnecticut Superior Court, Judicial District of Litchfield at Litchfield
May 21, 2003
MEMORANDUM OF DECISION
PICKARD, JUDGE.
This action for dissolution of marriage was tried in one day. Both parties were represented by experienced counsel who called the parties as witnesses and submitted several exhibits. The court has considered all relevant evidence and all statutory criteria for the orders to be issued. The court finds the following facts.
The plaintiff, whose birth name was Bonnie J. Palmer, married the defendant on September 8, 1989. The parties have lived in Connecticut continuously throughout the marriage. The parties have no minor children and no minor children have been born to the plaintiff since the date of the marriage. Neither party has received any state or local financial assistance. The marriage has broken down irretrievably without hope of reconciliation.
The plaintiff is 50 years of age and is in good health. She has the equivalent of a high school education. This is her third marriage. She has adult children from a previous marriage. The plaintiff works full-time at the canteen at the New Milford VFW performing a variety of functions including bartender, permittee, cook, and manager. She has net weekly income of $568.77. She was previously employed as a receptionist in the Radiology Department at New Milford Hospital commencing on May 10, 1982 until her voluntary departure on March 5, 1999. She left this job with the approval of the defendant because it had become too stressful.
The plaintiff did not bring any significant assets to the marriage. She now has a 403(b) with Metropolitan Life which was acquired and accumulated during the marriage. It has a value of approximately $12,416.36 offset by a loan of $5,000. The plaintiff has a pension with New Milford Hospital for 16.83 years of service commencing May 10, 1982. The pension will pay the plaintiff $479.63 per month commencing at age 65. It has a present actuarial value of $29,421. CT Page 7186
The parties stipulated that the plaintiff’s accumulated credit card debt reflected on her financial affidavit was not to be submitted to the court for consideration as a factor for the equitable distribution of assets and liabilities pursuant to CGS Section 46b-81, or claimed by the plaintiff as an offset against assets or for any other purposes in this case. The parties further stipulated that the plaintiff will assume sole liability for her debts and liabilities and shall indemnify and hold the defendant harmless in this connection.
The defendant is 57 years of age and is in good health with the exception of elevated blood pressure which is controlled by medication. The defendant has a high school education. He has adult children from one prior marriage. For the period commencing August 1970 through the latter part of 1995 the defendant was employed by SNET. In 1995, after having accumulated 25 years of actual service, the defendant accepted an offer for early retirement that included 30 total years of service. In lieu of taking a life annuity option, the defendant selected a single lump sum payment of approximately $230,000 by rollover into an Individual Retirement Account maintained by Waddell Reed. The defendant has made no withdrawals or additions to this account which has a present value of approximately $390,000.
Soon after his employment with SNET ended the defendant became employed by Fiber Cable doing the same kind of work he had done with SNET. He was laid off in July 2001 and he has not been employed since. He has made minimal attempts to find other suitable employment. He received unemployment benefits of $340 per week until March 2002 but currently has no income.
At the time of the marriage the defendant was the owner, without contribution from the plaintiff, of the following two properties: a) 93 Candlewood Mountain Road, New Milford, Connecticut consisting of 3.952 acres of land. He had purchased this land for approximately $55,000. It has a present value of $65,000. b) .75 acres of land in Medford, Maine purchased for $1,500. There is a small, rustic hunting cabin on the land which was improved during the marriage. The property has a present value of $10,000.
The parties, who have lived apart since December 2001, agree that the marriage has broken down irretrievably. They disagree about the causes for the breakdown. The evidence does not indicate that either party was more at fault for this breakdown.
The parties agree on the proposed orders with the exception of the division of assets. The court has weighed the facts and the statutory CT Page 7187 criteria in order to fashion a fair and equitable division of the assets. The court issues the following orders:
1. The marriage is dissolved on the grounds of irretrievable breakdown.
2. No alimony shall be awarded to either party.
3. The defendant shall retain his real estate located in New Milford, Connecticut and in Medford, Maine, free and clear of any claim of the plaintiff.
4. The defendant shall retain his boat and trailer free and clear of any claim of the plaintiff.
5. The defendant shall retain the 1995 Ford F-150 free and clear of any claim of the plaintiff. The plaintiff shall retain the 1997 Jeep Wrangler free and clear of any claim of the defendant. The parties shall take whatever steps are necessary to transfer the title to these vehicles to accomplish this order.
6. The defendant shall transfer to the plaintiff, tax free, the sum of $80,000 from his IRA with Waddell Reed through rollover into a qualified account designated by the plaintiff. This transfer shall be by way of Qualified Domestic Relations Order if necessary in order to maintain the tax free nature of this transfer. The plaintiff shall prepare the documents necessary for this transfer and the defendant shall cooperate in providing any information necessary and in executing all necessary documents. The court shall retain jurisdiction for the purpose of effectuating this transfer. Following this transfer, the defendant shall retain the balance of his IRA free and clear of any claims of the plaintiff.
7. The defendant shall retain his individual bank accounts and his credit union account shown on his financial affidavit free and clear of any claims of the plaintiff.
8. The plaintiff shall retain her 403b account with Metropolitan Life and her annuity pension from New Milford Hospital free and clear of any claim of the defendant.
9. The plaintiff shall retain her individual bank accounts, the loan due from Sheila Hathaway, and the tax refunds shown on her financial affidavit free and clear of any claims of the defendant. CT Page 7188
10. The parties shall each be responsible for his or her own medical, health and dental expenses and shall maintain his or her own insurance without contribution from the other party.
11. The plaintiff shall be responsible for the debts shown on her financial affidavit, and the defendant shall be responsible for the debts shown on his financial affidavit. Each shall indemnify and hold the other harmless from liability for these debts.
12. Neither party is awarded counsel fees in this matter.
13. The plaintiff’s maiden name of Bonnie J. Palmer is restored.
John W. Pickard Judge of the Superior Court
CT Page 7189