Dividing marital property in Connecticut

The property that a married couple accumulates during the course of their marriage is typically subjected to division in the event of divorce. Most states view the property as either belonging to both spouses or belonging to just one of them. They then divide the joint property in one of two ways – they either seek an equitable distribution based on various factors or just try to split it 50/50. Connecticut’s method carries a unique twist.

In Connecticut, all property owned by the couple is generally considered apt for division in the event of a divorce, regardless of when they acquired it or who acquired it. This includes things that other states might consider exempt from division, such as

• Assets acquired before marriage
• Inheritances
• Gifts
• Personal injury awards

The division of these assets as with the couple’s other assets will likely be subject to equitable distribution principles, which consider the fair allocation of all property and assets accumulated during the marriage.

How can I protect my “separate” property?

There are still ways you can try to protect assets that you consider yours alone. For example

• Have a clear, written statement delineating the nature of the property as separate before the marriage or at the time of acquisition. This can include prenuptial or postnuptial agreements that explicitly identify certain assets as separate.
• Consider alternative approaches to the divorce process, such as mediation, which allows both parties to negotiate and reach a mutually agreeable settlement. Mediation can provide a more collaborative environment where you can advocate for the recognition of your separate property and work towards a fair division of assets without the adversarial nature of court proceedings.

Getting legal assistance can help you determine the best way to protect your assets and better ensure a fairer and more equitable division of property during the divorce process.