2009 Ct. Sup. 4951
No. FA08 4008921-SConnecticut Superior Court Judicial District of New Haven at Meriden
March 11, 2009
MEMORANDUM OF DECISION
BRIAN T. FISCHER, Judge.
The parties were married on October 5, 1968 in West Haven, Connecticut. The wife’s maiden name was Jo-Ann Biancur. The parties have two adult children, aged forty and thirty-nine.
The plaintiff wife has resided continuously in Connecticut for at least one year preceding the date of the commencement of this action. The court has jurisdiction. The parties’ marriage has broken down irretrievably and is hereby dissolved.
The parties have stipulated to facts which are incorporated by reference into the judgment and attached hereto (dated February 25, 2009). The court finds the following facts.
The wife is sixty years old and is in fair to good health. She is a diabetic with resulting eyesight problems. She also suffers from emphysema and kidney problems. She is prescribed numerous medications for her healthcare issues.
The plaintiff was primarily a homemaker for her husband and children. She also worked over the past forty years for a time as a hairdresser and in a factory. During her last job as a factory worker, she was making $7.50 per hour. She is covered under her husband’s healthcare policy. She is currently retired and does not intend to return to work. She resides in the marital home located at 29 Quarry Lane, Meriden, Connecticut.
The cost of taxes, heating and homeowners insurance for the Meriden property exceeds $6,000 per year.
The defendant husband is sixty-one years old and in good health. The parties purchased a second home located in Ocala, Florida in 2006, where the husband currently resides. The husband worked the bulk of his adult life at Pratt Whitney as an engineer. He was a hard worker who was CT Page 4952 frugal with the family money. He is currently retired and does not intend to return to the work force. He presently is receiving a pension from his former employer, totaling approximately $19,300 net annually.
This is a long-term marriage of forty years. The court did hear evidence of some name calling, but finds the fault for the breakdown of the marriage should not be primarily attributed to either the wife or the husband.
The court’s orders reflect that the husband is in a stronger position than the wife, in terms of both finances and health. The court, having heard the evidence presented at trial, the reasonable inferences there from drawn and the statutory factors enumerated in the Connecticut General Statutes, enters the following orders:
1. Husband to transfer all interest in 29 Quarry Lane, Meriden, Connecticut to the wife by way of a quitclaim deed and the necessary conveyance forms to be completed within twenty days of the dissolution.
2. Wife shall transfer her interest in the property known as 4790 Northwest 56th Street, Ocala, Florida, to the husband by quitclaim or similar deed within twenty days of the dissolution.
3. Husband to pay $200.00 per week as alimony to the wife commencing upon judgment and continuing until such time as wife begins to receive the full monthly benefit assigned to her from husband’s interest in the U.T.C. retirement plan.
Alimony shall terminate upon:
A.) Death of either party.
B.) Wife’s remarriage.
C.) Wife’s cohabitation pursuant to statute.
D.) Wife’s receipt of full monthly benefit assigned to her from husband as explained above.
4. Each party shall be solely responsible for maintaining health insurance for himself or herself. Each shall be responsible for the payment of all past and future medical expenses incurred on his or her own behalf.
5. Husband shall pay to the wife fifty percent of his benefit under the CT Page 4953 U.T.C. employee retirement benefit so long as he is entitled to receive the same. Said assignment shall be by way of a QDRO as required by the plan. Husband shall take no action to change the wife as contingent annuitant survivor under said plan. Costs of preparing the QDRO shall be split equally between the parties.
6. Husband shall assign to the wife fifty-five percent of the balance in the Bank of America IRA rollover #xxx-xx1849. Said assignment shall be by way of a QDRO as may be required. The parties shall split the cost of preparing the QDRO. Court shall retain jurisdiction for the purpose of effectuating the above provisions.
7. The wife shall retain or is awarded the following:
A.) American Eagle Credit Union $25.00.
B.) 2007 Toyota Yaris.
C.) Wachovia CD $85,904.99.
D.) Wachovia Bank account #3398; $31,139.
8. The husband shall retain or is awarded the following:
A.) Bank of American account #5667; $49,568.
B.) Stocks Accounts account #2740; $41,061.
C.) 2002 Toyota Camry.
9. The parties shall equally divide the American Eagle Credit Union account #2479 in the approximate amount of $28,894.00.
10. Court does not order either party to obtain life insurance for the benefit of the other.
11. Each party shall be responsible for their respective legal fees.
12. Each party shall be responsible for any and all current debts listed on their financial affidavits.
BY THE COURT
CT Page 4954