Tag: divorce

What Provisions Should Be Included in a Parenting Plan?

This Week’s Blog by Nicole M. DiGiose.

What is a Parenting Plan?

A Parenting Plan is a document, usually in the form of an agreement, that addresses child-related issues, such as legal custody and a parental access schedule. In the absence of an agreed-upon Parenting Plan, a Court will determine a Parenting Plan that it believes is in the child(ren)’s best interests.

 When does a Parenting Plan need to be Submitted to the Court?

 A proposed Parenting Plan must be submitted to the Court on or before the Case Management Date, which is approximately ninety days after filing an action for dissolution of marriage. If parenting issues are disputed at the time of the Case Management Date, the parties are required to appear in Court and may be ordered to meet with a Family Relations counselor.

 What is Legal Custody?

Legal custody is the power to make decisions for a minor child(ren). Such decisions include the child(ren)’s health, education, religion, and welfare. Legal custody may be shared jointly, awarded to one parent only after good faith consultation with the other parent, or awarded solely to one parent without good faith consultation. A Parenting Plan must set forth how legal custody is shared and typically includes a definition of legal custody.

What is a Parenting Coordinator?

A Parenting Coordinator, or “P.C.,” is an individual who may be engaged by parents to help them communicate better, make decisions on behalf of their child(ren), and resolve disputes. P.C.s are generally mental health professionals or social workers. P.C.s are not judges and cannot make binding decisions—they can, however, make recommendations. Often, parents will elect to include a provision about a P.C. in their Parenting Plan. These provisions typically require both parents to meet with a P.C. in an attempt to resolve any parenting dispute before submitting the matter to a Court.

 What is a Regular Parental Access Schedule?

A regular parental access schedule sets forth when each parent will parent the child(ren) during non-holiday and vacation time. It is the day-to-day schedule. A regular parental access schedule is not “one size fits all” and will vary from family to family.

 What is a Holiday and Vacation Schedule?

 A holiday and vacation schedule sets forth all holidays that are celebrated by a family and delineates how they are shared. Parents often elect to alternate holidays such that one parent has parenting time in even-numbered years and the other parent has parenting time in odd-numbered years. Parents may also elect to assign a specific holiday to one parent in every year. A holiday and vacation schedule also addresses summer vacation. Parents will typically select a number of weeks, consecutive or non-consecutive, that each parent will have during the summer.

 What Other Provisions Should be Included?

 Parenting Plans almost always contain non-disparagement language. They should also address notice provisions with respect to travel, as well as provisions related to the attendance of medical appointments, school conferences, extracurricular activities, and the introduction of new significant others.

 What is a Right of First Refusal?

Some parents elect to include a Right of First Refusal in their Parenting Plan. If a parent is unavailable to parent the child(ren) for a certain number of hours on his or her parenting time, he or she must give the other parent the option of parenting the child(ren) before he or she engages a childcare provider. If the non-scheduled parent is also unavailable, then the scheduled parent is typically responsible for the cost of any necessary childcare. The number of hours will vary from family to family. Four to six waking hours are common.

 What if my Spouse has issues with Drugs or Alcohol?

 Drug and alcohol testing may be included in a Parenting Plan. If one or both parents are struggling with substance abuse, he or she may be required to submit to drug or alcohol testing. A testing protocol, including the frequency of tests, will be delineated in the Parenting Plan. Said protocol will also include consequences in the case of a missed or positive test. If the parent struggling with substance abuse issues is able to achieve a certain level of sobriety, his or her parenting time may be expanded upon his or her reaching certain milestones.

Can Parenting Plans be Modified?

 Yes. Parenting Plans may be modified if there has been a material change of circumstances which alters a Court’s finding of the best interests of the child(ren) or a finding that the original order sought to be modified was not based upon the best interests of the child(ren).

At Broder & Orland LLC, we understand the sensitive nature of parenting issues in a divorce or custody dispute in Connecticut. Our skilled attorneys will guide you through the process of crafting a Parenting Plan that is consistent with your minor child(ren)’s best interests.

Connecticut Divorce Differences

This Week’s Blog by Jaime S. Dursht.

Connecticut Divorce Differences

Is Property Division in a Connecticut Divorce Different from Other States?

It is commonly assumed by people who are contemplating divorce that particular types of assets will be considered separate and will not included in the marital estate, and thus not shared with one’s spouse.  Divorce laws differ from state to state, and Connecticut’s approach to property division happens to be unlike that of the majority of states that do characterize certain property as separate from the outset of a divorce.

What is the Court’s Approach to Dividing Property in a Connecticut Divorce?

In Connecticut, a three-step analysis is applied by courts to equitably divide property.  First, the asset is classified to determine whether it is property within the meaning of Connecticut General Statutes 46b-81. Second, the value of the asset is considered, and what the appropriate valuation method is.  Third, the equitable distribution of the property is decided.

Although this system of property division is referred to as an “equitable distribution” scheme, as it is in many other states, there is a significant difference in that Connecticut does not “limit, either by timing or method of acquisition or by source of funds” the property that is characterized as marital and subject to the court’s power to divide.  Krafick v. Krafick, 234 Conn. 783, 792, 663 A.2d 365 (1995).

Thus, property is not automatically classified as separate, regardless of when the property was acquired, whose name it is titled in, or the method of acquisition.  Below are common examples.

Are Premarital Assets Considered Separate Property in a Connecticut Divorce?

Property acquired prior to the marriage will not automatically be characterized as separate.  If you owned a house, an art collection, or your own business before you married your spouse,  these assets will not be set aside as nonmarital property, they will be considered part of the marital estate.  Depending on the overall marital estate, a court may or may not award the premarital property to the original owner.

Are Retirement Accounts Considered Separate Property in a Connecticut Divorce?

The 401(K), the IRA, pension, restricted stock units, or any other type of employment related benefit that you acquired before your marriage will be included in the marital estate regardless of sole legal ownership.  Depending on the sufficiency of the collective assets to meet the needs of the parties, a court may allocate solely titled retirement assets to the titled owner to reduce the number of account divisions especially if transaction fees are involved. However, it is very common to divide all retirement accounts 50/50.

Are Inherited Assets Considered Separate Property in a Connecticut Divorce?

Inheritances, whether real property or stock accounts, are not designated as separate property in Connecticut as they may be in many other states.  Inherited assets are included in the marital estate in Connecticut.  There may be equitable reasons to allocate one’s inheritance to the titled owner, but not until the entire marital estate and statutory factors of Conn. Gen. Stat. 46b-81 are considered.

Are Future Inheritances Considered Part of the Marital Estate in a Connecticut Divorce?

Anticipated future inheritances expected from people who are alive are not considered property within the meaning of C.G.S. 46b-81.  Courts cases addressing this issue have determined that the marital estate does not include interests that are unvested or merely expected.

When Are Assets Valued in a Connecticut Divorce?

Unlike other states, in Connecticut, assets are valued on or as close as possible to the date of dissolution rather than the date the action was filed.  This is based on the principle that financial awards and orders should be based on the current financial circumstances of the parties.

How are Assets Equitably Divided in a Connecticut Divorce?

Connecticut courts have wide discretion to allocate marital assets to either spouse so long as   statutory criteria is considered.  “When deciding to whom to assign property to, the court shall consider the length of the marriage, the causes for the … dissolution of the marriage … the age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate, liabilities and needs of the parties and the opportunity of each for future acquisition of capital assets and income.”  Conn. Gen. Stat. 46b-81.

The court is not required to give equal weight to each factor, nor is the court required to provide its reasoning as to which factor may have influenced its decision in making an equitable division.  Caffe v. Caffe, 240 Conn. 79 (1997). The courts have also refused to adopt a presumption of equal division.  Rivnak v. Rivnak, 99 Conn. App. 326 (2007).  Thus, each divorce is determined on a case-by-case basis according to its facts and it is important not to draw conclusions based on broad information derived from sources that are not specific to Connecticut.

Broder & Orland LLC, with offices in Westport and Greenwich, concentrates in family law and divorce.  Our attorneys are very experienced with the financial issues faced by individuals in a divorce, and understand the importance of accurately identifying assets and methods of valuation to optimize financial circumstances moving forward.

  

“Double Dipping” Considerations in a Divorce When a Business Interest is at Issue

This Week’s Blog by Andrew M. Eliot.

“Double Dipping” Considerations in a Divorce When a Business Interest is at Issue

In some divorce cases, a business (or an interest in a business) that is owned by one spouse, and from which he or she receives income, also constitutes an asset to which a value must be ascribed so that the asset can be distributed between the parties in some manner as part of an overall division of property. In instances where both the value of a business interest must be divided, and an award of alimony in favor of the non-titled spouse might also be appropriate, the concept of “double dipping” must be carefully considered in order to avoid potential inequities that could otherwise result when resolving the two separate, but sometimes interrelated issues, of property distribution and spousal support.

What is Double Dipping Generally

Generally speaking, the concept of “double-dipping” refers to a situation in which one spouse is unfairly paid twice for a single asset; once in the context of property division and a second time as part of a spousal support award.

How Can Double Dipping Occur when a Business Interest is Being Divided?

When the value of a business interest must be divided in a divorce, there are a variety of valuation methodologies that can be employed to determine the value of the interest for property distribution purposes. While an exploration into the various valuation methodologies is beyond the scope of this article, one common valuation approach that is employed in the divorce context (and stated in very simplistic terms) is for the value of the business interest to be calculated as a function of the entity’s future stream of expected income.   It is in this context that “double-dipping” issues are most likely to arise.

Specifically, double dipping concerns can arise if the same cash flows that are used to determine the overall value of a spouse’s business interest are also considered a component of that spouse’s income for purposes of calculating spousal support. Stated differently, when a business is valued based upon the entity’s expected income stream, it would constitute double dipping to both distribute the value of the business and then also base spousal support on the full amount of income the business produces.

How Can Double Dipping be Avoided

While there is a variety of ways to address double dipping concerns that may arise when a business interest is being valued and divided, one common methodology is for a “reasonable compensation” or “replacement compensation,” figure to be attributed to the business owning spouse. This figure represents the hypothetical amount that the business would pay to an unrelated person to perform the same function as the business owning spouse. Then, in determining what amount of income earned by that spouse is available for spousal support purposes, only the “reasonable compensation” amount utilized, which would necessarily be some amount less than the business owning spouse’s total earnings. Relatedly, in determining a value for the business interest, the “reasonable compensation” amount is subtracted out from the business cash flows that are used to determine the overall value of a spouse’s business interest. As a result of this process (commonly referred to as “normalizing income”), the higher the reasonable compensation figure attributed to the business-owning spouse is, the lower the value of the business will be for distribution purposes and, conversely, the lower the reasonable compensation figure attributed to the business-owning spouse is, the higher the value of the business will be for distribution purposes.

Are Forensic Experts Utilized Where Double Dipping Issues Might Arise

Yes. In cases where business valuation and/or potential double dipping issues arise, it is crucial to involve a business valuation expert with expertise in these areas. Such experts can assist clients and attorneys in wading through and understanding these often complex and thorny issues.

Cases involving distribution of business interests and double dipping concerns are often complex and, in order to be handled properly, require a great deal of expertise and attention. At Broder & Orland LLC, we have extensive experience handling matters involving these issues and are poised to help clients achieve favorable and fair results when these issues arise.

Testifying in a Connecticut Divorce

This Week’s Blog by Christopher J. DeMattie.

Do I have to testify during my Connecticut Divorce?

A divorce action is a civil lawsuit, so any time evidence is required to resolve a disputed issued testimony of witness is likely required.  Typically, the witnesses in a divorce action are you and your spouse, however, it is common for other fact or expert witnesses to also testify.  An example of a disputed issue which could require your testimony is what school your child should attend.  You and your spouse will likely be required to provide testimony as to why you believe a certain school is a better fit for your child and why it is in your child’s best interest to attend that school.

What is the format of testifying during my Connecticut divorce?

The two main categories of testimony are direct examination and cross examination.

Direct examination is the questioning of a witness by the party that called the witness to testify.  An example of direct examination is when your attorney calls you as a witness to testify.  Proper direct examination questions are posed in an open-ended manner.  Typically, direct examination questions begin with: who, what, when, where, why, and how.

Once your attorney concludes your direct examination, your spouse’s attorney has the option to cross-exam you.  Unlike direct examination, where the questions are open-ended, proper cross examination questions are leading.  A question is considered leading if the answer is suggested in the question.  If done properly, during cross examination the attorney is essentially testifying, and the witnesses is merely confirming or denying the question posed by the attorney.

An example of a direct examination question versus a cross examination questions is as follows:

Direct – Where did you and your spouse marry?

Cross – Isn’t it true that you and your spouse were married in Greenwich, Connecticut?

Once your spouse’s attorney concludes his or her cross examination of you, your attorney will have the option to redirect you.  Redirect is the opportunity to correct or expand on the topics covered during cross examination.  Since proper cross examination often requires are simple yes or no answer, you may want the opportunity to offer more expansive testimony on the topic.  For example, on cross examination you may be asked: Isn’t it true that you were late in paying alimony, yes or no?  If the answer is “Yes”, on redirect examination your attorney may ask you: Why were you late paying alimony? You will then explain the reason why you were late paying alimony.

Thereafter, the opposing attorney will have the option to recross examine you, but he or she can only ask questions within the scope of the redirect examination.  For example, if the redirect examination is limited to questions pertaining to alimony, you typically cannot be asked questions about custody on redirect examination.  This format of redirect and recross examination will continue back and forth until there are no further questions.

What are my basic responsibilities while testifying?

Your first and most important responsibility is to tell the truth.  You will be given an oath by the Clerk to tell the truth, and failure to tell the truth could result in perjury charges or the Judge not finding you to be credible.  In a divorce case, credibility is one of the most important aspects since often a dispute comes down to a “he said, she said” situation.

Second, you need to only answer the question that is asked.  Otherwise, you answer could be stricken as non-responsive, which will only prolong the process.  You may find yourself not wanting to answer the question posed to you by opposing counsel, but you have an obligation to answer the question, unless an objection to the question is sustained.  You also need to remember that your attorney will be able to ask you follow up questions on redirect examination to correct or expand on the question.

Third, if an objection is raised, do not answer the question until you receive instructions from the Judge.  If the Judge sustains the objection you do not have to answer the question.  If the Judge overrules the objection you must answer the question.

Finally, you do not want to fight with opposing counsel.  Opposing counsel may purposefully ask incendiary questions to get you to lose your composure in front of the Judge.  You must do you best to try and stay in control and have faith in your attorney to “fix” any issues on redirect examination.

Broder & Orland LLC with offices in Westport and Greenwich, CT, concentrates specifically in the areas of family law, matrimonial law and divorce. In addition to being highly experienced lawyers with proven results, our hallmark is the attention we give to each of our clients. Additionally, whether a case requires aggressive litigation or a mediated solution, we always exhibit an abiding compassion for the people we represent and their families, recognizing that our mission is to assist them through a very difficult, life changing event.

What Orders Are in Effect While a Connecticut Divorce Case is on Appeal?

This Week’s Blog by Sarah E. Murray.

Do the Trial Court’s Orders Take Effect Immediately Following a Divorce Trial?

Once an appeal is filed, the order(s) associated with the final judgment may be automatically stayed.  This means that until the appeal is finally concluded, the trial court cannot enforce the order(s) that are the subject of the appeal.  Generally speaking, orders regarding the division of assets and liabilities are stayed while a family law appeal is pending.  A common example of the automatic stay in practice in family cases occurs where the trial court orders that the marital home be sold.  Pursuant to the automatic stay rule, that order would not be enforced during the pendency of the appeal without the trial court terminating the stay of execution of that order, as discussed herein.

There are certain exceptions to the automatic stay rule that are permitted by the Practice Book in family cases.  For example, final orders concerning periodic alimony, child support, custody, and visitation are not automatically stayed pending an appeal.  If you are unhappy with the trial court’s alimony orders, those orders will go into effect during the pendency of your appeal unless you ask the court to impose a stay where there is not one automatically imposed by the court rules.

Is There Anything I Can Do to Have Divorce Orders that are Stayed Pending Appeal Take Immediate Effect?

Under Connecticut rules, the trial court can terminate the automatic stay of its orders on its own volition or after a motion is filed by either party.  A Motion to Terminate Stay is filed in the Appellate Court, but is decided by the trial court judge who decided the divorce case following a hearing.  In deciding a Motion to Terminate Stay, a trial court must consider the following factors: 1) the needs and interests of the parties and their children (and any other third parties affected by the orders); 2) the potential prejudice to either party, the children, or a third party affected by the orders if a stay is or is not imposed or if a stay is terminated; 3) the need to preserve the mosaic of the trial court’s orders; 4) the rights of the party taking the appeal to obtain effective relief in the event that his or her appeal is successful; 5) the effect of the Automatic Orders on any of the other factors; and 6) any other factors affecting the equities of the parties.  At the hearing on a Motion to Terminate Stay, both parties can present legal argument, and sometimes testimony, regarding whether the automatic stay should be terminated.

Can I Request that Orders that Go into Immediate Effect be Stayed While the Appeal is Pending?

It is also possible to file a Motion to impose a discretionary stay on any orders that go into immediate effect while an appeal is pending.  Such a Motion is filed in the trial court, unlike a Motion to Terminate Stay.  The trial court judge must consider the same factors recited above in deciding whether to impose a stay of the court’s orders or not.

What is My Remedy if I Do Not Agree with the Trial Court’s Decision Regarding a Request for Stay or to Terminate Stay?

The trial court is not necessarily the final arbiter of determining whether there should or should not be a stay of execution of its order.  A party aggrieved by orders regarding the termination of a stay can seek review of those orders by filing a Motion for Review with the Appellate Court.  The Appellate Court has the same power to review the issuance of a stay as it does the termination of one.

Broder and Orland LLC provides appellate representation in addition to litigating at the trial court level.  If you are contemplating an appeal, contact Sarah E. Murray, Esq., Chair of the firm’s Center for Family Law Appeals.

THE SECRET TO GETTING THE MOST OUT OF YOUR MEDIATED DIVORCE

This Week’s Blog by Lauren M. Healy.

What is mediation?

Mediation is a process where you and your spouse jointly hire a neutral third person (a mediator) to help settle the terms of your divorce. Your agreement is then memorialized by the mediator. One of the major benefits of mediation is that you and your spouse have control over the process, such as the timing of the case, the tenor of the negotiations and the ultimate terms of an agreement.

What do I need to know before I agree to mediation?

In mediation, you and your spouse (not a Judge and not the mediator) determine how the case settles. While the mediator may provide neutral guidance, he (or she) will not take sides and does not advocate for either party. In fact, in Connecticut, mediators are not even necessarily attorneys.

How can I best represent myself in mediation?

Without your own independent counsel, you may find it difficult to navigate the complexities of a divorce, including making major financial and parenting decisions. The secret to getting the most from mediation is to hire your own attorney to coach you through mediation, or “review counsel” to assist you during the process. Instead of taking a neutral approach, as the mediator does, your divorce coach or review counsel will help you negotiate a resolution that is in your best interest.

What is the role of the lawyer who serves as coach or review counsel?

Review counsel typically does not attend the mediation sessions with you. He or she also does not usually file an appearance with the Court, but instead provides you with background support, such as:

  1. Explaining the Divorce Process. You may have questions that you do not want to ask the mediator in front of your spouse. Review counsel can provide you with a more detailed explanation tailored to your concerns.
  1. Strategic Preparation for Mediation Sessions. One of the major benefits of retaining a divorce coach is the ability to plan and prepare for mediation sessions in advance. For example, if you know that your next mediation session will be focused on alimony, you can meet with your review counsel in advance to review your rights and settlement options.
  1. Review of the Parenting Plan/Separation Agreement. Your divorce coach or review counsel should review any agreement before you sign it, to make sure that it is drafted in a way that is fair, equitable and beneficial (or at least not detrimental!) to you.

Am I allowed to have a divorce coach or review counsel during Mediation?

It is perfectly acceptable for you to have an attorney “on your side” during mediation. In fact, Mediators often recommend it to both parties.

The attorneys at Broder & Orland LLC are committed to helping our clients navigate their divorce issues in the most effective way possible, whether it be assisting clients as a mediator or as mediation divorce coach or review counsel.

A Secret from a Seasoned Divorce Attorney…

This Week’s Blog by Carole T. Orland.

What Might I Not Learn from my Friends About Divorce?

The dirty little secret in divorce cases is that the parameters of the likely outcome are relatively narrow. Connecticut is not a community property state where martial assets are automatically divided equally. However, the division of assets in most Connecticut settlements or Court awards will hover around 50%-50%, with some possible variation, such as 55%-45% or 60%-40%.

Likewise, child support is set by a formula contained in the Child Support Guidelines, which allow for some fairly standard deviations, and alimony typically is within a range that any reputable divorce attorney can estimate.

When it comes to children, most Parenting Plans are fairly routine and provide for a schedule that reflects the availability of each party to parent the children, unless a parent has some overriding behavioral issues including physical or emotional abuse, or substance or alcohol abuse.

 How Can I Learn More About the Parameters of a Likely Outcome in my Divorce?

When analyzing the asset division in your case, ask your attorney to provide you with a spreadsheet that will reflect the allocations of 50%-50%, 55%-45%, and 60%-40%. In many cases, the difference will not be substantial, relative to the size of the marital estate. In some cases, that difference will be neutralized by the fees and costs you will pay to pursue what you feel is a more favorable division. Have your attorney do a cost/benefit analysis.

With regard to child support, have your attorney run the Child Support Guidelines with probable scenarios. Again, you may see that the comparison is not all that significant.

Alimony can be a little trickier, especially since the enactment of the 2017 Tax Cuts and Jobs Act, which essentially eliminates the federal deduction for divorces after December 31, 2018. The rule of thumb and conventions previously employed to arrive at a reasonable alimony award are different now, but with sufficient data your attorney should be able to easily guide you as to a probable range.

Ask your attorney for input on your Parenting Plan. He or she should be able to advise you on a reasonable schedule and provide you with context as to what a Court would likely order.

How Can I Turn this Advice into an Advantage in my Divorce?

The real question is: why make divorce a war? Understandably, most people who are getting divorced harbor ill feelings about their spouse for various reasons. But being vengeful or vindictive likely will not significantly affect the bottom line. It will only ramp up emotions and drive up costs.

It is most important that you find an experienced divorce attorney who can educate you about the likely outcome. It will save you anguish, time, and money. And then hope that your spouse does the same!

At Broder & Orland LLC, we make a point of educating our divorce clients early on about the parameters of the likely outcome of their case. We draw on years of experience to provide context for settlements and trials. We also share documentation with our clients which quantify possible scenarios and comparisons so they can make well-informed decisions about their case.

What is Short Calendar?

This Week’s Blog by Nicole M. DiGiose.

What is the Short Calendar?

The Short Calendar is a mechanism for pending motions to be heard.  Once a motion has been filed in a case, it will appear on the Short Calendar.  Short Calendar occurs on a specific day each week, which will depend on the Judicial District in which your case has been filed, for example, Mondays in Stamford and Thursdays in Bridgeport.

 How Long does it Take for a Motion to Appear on the Short Calendar?

 Once a motion has been filed, it takes approximately two to three weeks to appear on the Short Calendar.

I Would like to Proceed with my Motion on Short Calendar – What Happens Next?

 The Short Calendar list becomes available approximately one to two weeks prior to the actual Short Calendar date.  Once the Short Calendar List becomes available, there is a period of time during which the available motions to be heard can be marked either “ready” or “off.”  In order to proceed with a motion at the Short Calendar, it must be marked “ready” during the marking period.  Once a motion has been marked “ready,” notice must then be sent to the other side.

 I am Unavailable or Unable to Proceed with my Motion on Short Calendar – What Happens Next?

 If you are unavailable or unable to proceed with your motion when it appears on the Short Calendar list, do not worry—motions may be reclaimed.  Reclaiming a motion will bring it back up to the next available Short Calendar.  Typically, motions may be reclaimed for a period of ninety days from their original file date before they are considered stale.

 What Happens at Short Calendar?

 When you first arrive at Short Calendar, your attorney will fill out a Memo to the Clerk.  This Memo indicates the status of the matter, such as: (a) whether you are requesting a continuance, (b) whether you have an agreement, or (c) whether you will need to proceed with a hearing.  Short Calendar days are usually the busiest days in the Courthouse and there will likely be some downtime while you are waiting to attend Family Relations or to have a hearing.

What is Family Relations?

 Family Relations is a free service offered by the Judicial Branch to assist the Court and parties in resolving disputes.  Prior to a contested matter being heard, the Judge will order counsel and the parties to attend Family Relations in order to attempt to resolve the dispute.  Meeting with Family Relations is generally mandatory.

 What Happens if Family Relations is Unsuccessful?

 Absent an agreement at Family Relations or otherwise, a Judge will need to conduct a full evidentiary hearing, after which he or she will render a decision, which could take up to one hundred and twenty days.

Will my Motion be Reached at Short Calendar?  What Happens if it is not Reached?

Short Calendar is reserved for “short” matters, typically those that will take about an hour or less.  If your matter is expected to take more than one hour, a judge will likely request that a date certain is obtained.  A date certain is a non-Short Calendar day on which the motion will be heard.

At Broder & Orland LLC, we attend Short Calendar throughout Connecticut, including Stamford, Bridgeport, Danbury, New Haven, and Hartford.  Our skilled attorneys will ensure that you are adequately prepared for when your motion appears on the Short Calendar.

What are the Top Five Mistakes to Avoid in a Connecticut Divorce?

This Week’s Blog by Jaime S. Dursht

What are the Top Five Mistakes to Avoid in a Connecticut Divorce?

The divorce process is fraught with emotion which can lead to making mistakes with long-term effects.  Each divorce is different, however, here are some common mistakes we divorce attorneys see.

Is it a Disadvantage not to Understand Your Financial Situation?

Yes.  It is important at the outset of the divorce process to have an understanding of your personal and household expenses, liabilities, income and what assets there are to divide.  This will help in setting reasonable expectations as to the outcome and will help in planning for financial security moving forward, which is the ultimate goal.  Take the time to gather information, review your bank and credit card statements, and if you are not financially literate, take steps to educate yourself with the basics.

Is it Better to Settle Early in the Process?

Not necessarily.   Divorce is a highly emotional time, and it is easy to become overwhelmed by acrimony and the desire to give in just to end the emotional trauma.  This could be a costly mistake, however, because depending on the assets involved, it may be well worth taking the time to discover and fully vet out the values of business interests, trusts, stock options and pension benefits which you may be entitled to share.

Is it Worth Arguing the Details?

Often the expense of the argument can exceed the value of what it is you are trying to achieve in the first place.  Try not to get caught up in minor wins and losses of the negotiation process when it comes to the smaller details of, for instance, the method of payment of co-pays at the pediatrician’s office or the percentage point split of reimbursement for extracurricular activities.   It may feel like an emotional triumph in the short term, but may not be worth the expense in the overall cost of the divorce.

Should I Seek the Advice of Family and Friends?

It is not a good idea to rely on the advice of family and friends regarding your own divorce however well-meaning it is intended to be.  Just because your friend got the house and lump sum alimony in her divorce does not mean that you will or even should.  Every divorce is different, and one person’s experience does not readily translate into another’s.

Is it Better to Act First and Ask Later?

No.  It is always better to check with your attorney before taking action, especially if you are in an angry or depressed frame of mind.  Acting on impulse, for example cutting your spouse off from credit card use or denying access to marital funds to limit spending, can have adverse legal consequences.  Not only do these particular actions risk a contempt finding by a court, but may end up costing you more just to rectify it in the end.

The attorneys at Broder & Orland LLC with offices in Westport and Greenwich, practice solely in matrimonial and family law, and have significant experience in counseling and developing an appropriate strategy to optimize the desired financial result.

How are Retirement Accounts Divided in a Connecticut Divorce?

This Week’s Blog by Lauren M. Healy

Retirement accounts are considered marital assets in Connecticut, and unless there is a prenuptial or postnuptial agreement that provides otherwise, retirement accounts will be allocated between the parties as a part of a divorce. Even if a retirement account is titled in the name of one spouse, or is an employer-sponsored plan, it may still be divided between the parties. Whether a retirement account is actually divided, or allocated in some other way, depends on the type of account. Here are the questions that need to be answered in order to determine how retirement accounts can be divided in your divorce:

Is it a Qualified Plan?

Most, but not all, retirement plans are “qualified” plans. The Employee Retirement Income Security Act (ERISA) provides guidelines regarding retirement accounts, regarding participation, vesting, benefit accrual and fund information. When a retirement plan meets ERISA guidelines, it is considered a “qualified” plan, and is eligible for certain tax benefits. The most common types of qualified retirement accounts are 401(k)s, 403(b)s, SEP-IRAs, profit sharing plans, and certain pension plans.

When you are getting divorced, it is important to know whether a retirement account is a qualified plan because if it is, the account can be divided via a Qualified Domestic Relations Order.

What is a Qualified Domestic Relations Order (QDRO)?

A Qualified Domestic Relations Order (QDRO) is a Court Order that instructs a retirement plan administrator how to divide a retirement account between parties. If a retirement account is a qualified plan and can be divided by QDRO, the retirement account is capable of being separated between the parties without penalty. This is preferable because the non-employee spouse’s share can be deposited into a separate account, allowing for each party to manage his or her portion of the retirement funds individually.

Most divorce decrees will set forth the specific division of the retirement account that is agreed upon by the parties (or ordered by a Judge after a divorce trial), and provide for the parties to jointly hire an individual whose expertise is in the drafting of QDROs to prepare the QDRO and submit it to the Court for approval. Once approved by the Judge, the QDRO will be sent to the retirement plan administrator to effectuate the division of the account.

What if the Retirement Account Cannot be Divided by a QDRO?

Certain retirement accounts, such as IRAs, cannot be transferred by QDRO. However, IRAs can typically be divided in a much easier manner- using a process known as a “transfer incident to divorce.” Also called an IRA “rollover,” this process does not require a separate Court Order, and can be accomplished by the parties themselves without the need to hire a special lawyer. Like a QDRO, an IRA rollover transaction is not subject to taxes. Instead, each party is responsible for payment of taxes on the distributions from the retirement account after the funds are divided between them.

What Happens if we Have Non-Qualified Retirement Accounts?

If you have non-qualified retirement accounts, such as certain deferred compensation plans, executive bonus plans, or annuities, the accounts are typically not capable of being divided between the parties. In order to allocate the asset between the parties, a buy-out or a sharing of the distributions if, as, and when the employee spouse receives them may be the best option.

The attorneys at Broder & Orland LLC are experienced with the intricacies of dividing all types of retirement accounts and can help you take the appropriate legal steps to protect your rights to retirement accounts in your divorce.