Tag: Cohabitation

Should I Hire a Private Investigator for my Connecticut Divorce?

This Week’s Blog by Jaime S. Dursht

Private investigation of issues in a high conflict divorce can be extremely helpful and an efficient method of fact gathering prior to and during a divorce, as well as post-dissolution.

How Can I Locate Hidden Assets?

A private investigator may uncover jointly held assets that were wrongfully transferred into solely held accounts, which is prohibited in Connecticut upon initiation of a divorce action.  It is not uncommon for a spouse to suspect that funds are being diverted into undisclosed assets. An investigator can help with finding them and your attorney may in turn seek a court order to restore the funds or account for them at the conclusion of the divorce.

How do I Track Improper Transfers?

An experienced private investigator may be able to search databases and records to identify wrongful financial conduct.  In a Connecticut divorce, expenditures made by a spouse for a purpose outside of the marriage (such as gambling or an affair) can often be quantified and may in some cases constitute what is called a dissipation claim for the other spouse to receive a credit when assets are divided.  Having a trained professional obtain this information rather than doing it yourself may be critical to the process of presenting evidence later to ensure admissibility because wrongfully obtained information may be ruled inadmissible in court proceedings. 

How do I Catch my Cheating Spouse?

A picture is worth a thousand words.  In some cases, a picture or video surveillance of a spouse’s conduct can be used in a variety of ways, not just proof of infidelity.  For example, to show the spouse who is claiming inability to be gainfully employed pictured on the golf course or at the casino on a week day.  Sometimes the situation is reversed, and a spouse wants to know whether s/he is being tracked, surveilled or hacked by the other.  A private investigator can conduct a sweep of the residence, vehicle, phone and computer to find out.

How can I Prove Cohabitation?

A former spouse paying alimony finds out that the recipient spouse is in a relationship and needs to know whether it is to the level warranting a reduction or termination of alimony payments under the cohabitation statute.  Cohabitation requires proof of living together and a measurable economic benefit to the alimony recipient.  “Living together” does not necessarily mean residing together under the same roof at a single address.  A court can find that spending several nights a week together satisfies the requirement, depending on the situation.  Surveillance is one of the best ways to demonstrate the actual time spent together.

How do I Prove a Parent is Unfit?

In a custody action, one parent may want to show that the other parent is not appropriately parenting, for example, driving the children in a vehicle without car seats/restraints, or driving them while under the influence.  Perhaps surveillance would show that the parent on duty left small children unattended at a park or other public place or perhaps show permissive behavior such as allowing teens to drink alcohol or smoke marijuana.

Another reality for divorcing parents includes the introduction by a spouse of his/her romantic partner to the children.  Sometimes a good way to alleviate some anxiety in this situation is to have a private investigator run a background check on the romantic partner.

Whatever the situation, the attorneys at Broder & Orland LLC with offices in Westport and Greenwich, have significant experience involving private investigators in developing the right legal strategy to optimize the desired result whether financial or custodial.

Common Law Marriage and Cohabitation Agreements in Connecticut

This Week’s Blog by Andy M. Eliot

Is Common Law Marriage Recognized in Connecticut?

No.  It is a common misconception that if unmarried couples reside together for a long enough period of time in Connecticut, a “Common Law” marriage is created, from which certain legal rights (such as alimony or property distribution rights) arise.  In fact, Common Law marriage is not recognized in Connecticut and, accordingly, no legal rights or consequences are accorded to unmarried couples who may reside together in a long-term romantic relationship.

Are there any Exceptions to the General Rule that Common Law Marriage is not Recognized in Connecticut?

There is one narrow exception to this general rule.  Generally, the validity of a marriage in Connecticut is determined by the law of the state in which the relationship was created.  Accordingly, if a couple established a Common Law marriage in a state that recognizes such relationships, the Common Law marriage that was established in the other state will be recognized in Connecticut.  The law of the state in which the common law marriage was claimed to have been contracted will determine the existence and validity of such a relationship.

May Unmarried Couples Enter into Binding Legal Agreements from Which Financial Rights and Obligations Arise?

Yes.  It is not uncommon for couples who are involved in a committed relationship, but who do not wish or intend to marry, to desire that certain financial rights and obligations that might otherwise only arise by way of marriage apply to them.  While cohabitation alone does not create any contractual relationship between cohabitating parties, or impose other legal duties upon such parties, in such scenarios the parties may enter into a written agreement, commonly referred to as a “Cohabitation Agreement.”

What is a Cohabitation Agreement?

A Cohabitation Agreement is a contract between unmarried cohabitants which allows the parties to contract to certain financial rights and obligations arising from their relationship, notwithstanding their intention to remain unmarried.  The state of Connecticut recognizes the legal validity of such agreements.  Typically, such agreements address rights and obligations pertaining to financial support (akin to alimony), or distribution of property in the event the relationship ends.

Are Cohabitation Agreements Enforceable in the same Manner as Divorce Agreements?

NoAlthough Cohabitation Agreements are recognized in Connecticut, financial disputes between unmarried cohabitants emanating from such agreements must be resolved by means outside the statutory scheme for dissolution of marriage.  Specifically, this means that Cohabitation Agreements must be considered under general contract principles.

At Broder & Orland LLC, we have experience drafting and negotiating Cohabitation Agreements for clients throughout Fairfield County and Connecticut.

The Evolution of Cohabitation

This Week’s Blog by Jaime S. Dursht

Although the term “cohabitation” is not statutorily defined or even mentioned in the statute itself, it is a well-known concept in Connecticut Family Law referring to grounds to have alimony payments reduced, suspended or terminated following divorce.

  • Connecticut General Statutes § 46b-86(b) authorizes the court to reduce, suspend or terminate alimony payments based on proof that 1) the alimony recipient is living with another person; and that 2) the living arrangement has caused an alteration of the alimony recipient’s financial needs.
  • “Living with another person” does not necessarily mean residing together under the same roof—it can still be found where the alimony recipient and significant other have separate residences.
  • The “alteration” of financial needs must be quantified, however, the amount does not have to be significant, and according to recent case law, can also be shown by cost savings that result from the living arrangement.
  • The evidentiary burden of proof for modification is lower for cohabitation claims requiring only a “change in circumstances” rather than the “substantial change in circumstances” that is required based on other grounds for modification under General Statutes § 46b-86(a).

The Rationale Behind the Statute

The statute was enacted “to correct the injustice of making a party pay alimony when his or her ex-spouse is living with a person of the opposite sex, without marrying, to prevent the loss of support.”  (H.B. No. 6174, 1977 Sess. Statement of Purpose).  The statute was clearly meant to address the situation of alimony recipients taking steps to avoid the loss of spousal support.  Consistent with this principle, in cases where the initial component of living together is disputed, Connecticut courts will look beyond whether the alimony recipient and significant other maintain separate residences and consider facts that support whether the relationship is marriage-like.

“Living With Another Person”

In many cohabitation cases, there is a concession of living together, and the focus shifts to whether the living arrangement so affects the financial circumstances of the alimony recipient as to justify a modification of alimony.  However, in cases where living together is challenged, the fact that separate residences are maintained will not necessarily stave off a finding of cohabitation.  For example, in Boreen v. Boreen, Superior Court, Judicial District of Stamford, Docket No. FA084015215S (October 31, 2017; Shay, J.), cohabitation was found where a couple resided together under the same roof 50% of the time, ate many of their meals together and frequently traveled together even though both maintained separate housing. The court noted that “the statute does not specify that the parties must live together under the same roof twenty-four hours a day, seven days a week for the court to make a finding that they are living with another person.”  The court found cohabitation based on the couple’s long-time, committed and monogamous relationship that came with a financial benefit for the alimony recipient.

Financial Benefit

The statute requires not only a finding of living with another, but that the living arrangement alters the financial needs of the alimony recipient.  This must be shown in dollar amounts, but does not have to be significant in order to be sufficient.  For example, courts have deemed the evidence sufficient where a party was receiving $100 a week from a cohabitant, D’Ascanio v. D’Ascanio, 237 Conn. 481 (1996); where a party received $400 a month for rent from a cohabitant, Duhl v. Duhl, 7 Conn.App. 92 (1986); and where a party received $30 a week from a cohabitant who also performed handyman chores, Lupien v. Lupien, 192 Conn. 443 (1984).  Recently, the Connecticut Appellate Court reversed a trial court for not considering a party’s savings in rent that resulted from the alimony recipient moving in with her boyfriend.  Murphy v. Murphy, 181 Conn.App. 716 (2018).

Change in Circumstances

Once it is shown that an alimony recipient is living with another person within the meaning of the statute, and that there is a measurable financial benefit to the alimony recipient, the threshold change in circumstances is met and the court then engages in the analysis of consideration of the General Statutes § 46b-82 factors.  The required change in circumstances is lower pursuant to General Statutes § 46b-86(b) than the “substantial” change in circumstances required pursuant to General Statutes § 46b-86(a).

In 2013, General Statutes § 46b-86(b) was amended to include the language, “In the event that a final judgment incorporates a provision of an agreement in which the parties agree to circumstances, other than as provided in this subsection, under which alimony will be modified, including suspension, reduction, or termination of alimony, the court shall enforce the provision of such agreement and enter orders in accordance therewith.”  This means that parties may negotiate and agree to their own terms of what constitutes cohabitation and the court will enforce their agreement.  Therefore, carefully considered drafting of the Separation Agreement is critical, and knowledge of the foregoing essential if cohabitation is a future possibility for either party.

With offices in Westport and Greenwich, the attorneys at Broder & Orland LLC are extremely knowledgeable in the issues that arise following divorce such as alimony modification based on cohabitation, as well as how to avoid potential issues by careful and comprehensive drafting of Separation Agreements.