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Connecticut Divorce Laws Continued

By Cathy Meyer, About.com

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT:

The Superior Court may order either of the parties to pay alimony to the other, in addition to or in lieu of the property distribution. In determining whether alimony shall be awarded, and the duration and amount of the award, the court shall hear the witnesses, if any, of each party, shall consider the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate and needs of each of the parties and the award, if any, which the court may make pursuant property distribution, and, in the case of a parent to whom the custody of minor children has been awarded, the desirability of such parent's securing employment. [Based on Connecticut General Statutes Annotated; Title 46b-82]

SPOUSE'S NAME:

At the time of entering a decree dissolving a marriage, the court, upon request of either spouse, shall restore the birth name or former name of such spouse. [Based on Connecticut General Statutes Annotated; Title 46b- 63].

CHILD CUSTODY:

In making or modifying any order with respect to custody or visitation, the court shall (1) be guided by the best interests of the child, giving consideration to the wishes of the child if the child is of sufficient age and capable of forming an intelligent preference, provided in making the initial order the court may take into consideration the causes for dissolution of the marriage or legal separation if such causes are relevant in a determination of the best interests of the child, and (2) consider whether the party satisfactorily completed participation in a parenting education program established pursuant to section 46b-69b. [Connecticut General Statutes Annotated; Title 46b, Chapters 56, 56a, 56b, and 84].

CHILD SUPPORT:

Upon or subsequent to the annulment or dissolution of any marriage or the entry of a decree of legal separation or divorce, the parents of a minor child of the marriage, shall maintain the child according to their respective abilities, if the child is in need of maintenance. If there is an unmarried child of the marriage who has attained the age of eighteen, is a full-time high school student and resides with a parent, the parents shall maintain the child according to their respective abilities if the child is in need of maintenance until such time as such child completes the twelfth grade or attains the age of nineteen, whichever first occurs. The court may make appropriate orders of support of any child with mental retardation, who resides with a parent and is principally dependent upon such parent for maintenance until such child attains the age of twenty-one.

In determining whether a child is in need of maintenance and, if in need, the respective abilities of the parents to provide such maintenance and the amount thereof, the court shall consider the age, health, station, occupation, earning capacity, amount and sources of income, estate, vocational skills and employability of each of the parents, and the age, health, station, occupation, educational status and expectation, amount and sources of income, vocational skills, employability, estate and needs of the children.[Based on Connecticut General Statutes Annotated; Title 46b-84].

PREMARITAL AGREEMENT:

A premarital agreement shall be in writing and signed by both parties. It shall be enforceable without consideration. Parties to a premarital agreement may contract with respect to:

  1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.
  2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property.
  3. The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event.
  4. The modification or elimination of spousal support.
  5. The making of a will, trust or other arrangement to carry out the provisions of the agreement.
  6. The ownership rights in and disposition of the death benefit from a life insurance policy.
  7. The right of either party as a participant or participant's spouse under a retirement plan.
  8. The choice of law governing the construction of the agreement; and,
  9. Any other matter, including their personal rights and obligations.

The right of a child to support may not be adversely affected by a premarital agreement. Any provision relating to the care, custody and visitation or other provisions affecting a child shall be subject to judicial review and modification. [Based on Connecticut General Statutes Annotated; Title 46b-36]

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