Does Connecticut Have Alimony Guidelines?

Even though many states, including Massachusetts and Florida, have recently implemented alimony guidelines, Connecticut does not have alimony guidelines.

Alimony is distinct from child support, in that child support in Connecticut is often calculated in accordance with the Connecticut Child Support and Arrearage Guidelines and is a function of the parents’ combined net incomes.

Without guidelines, how is alimony determined in Connecticut? The answer is that it is a discretionary decision made by the judge. In determining the alimony order in a case, however, the judge is required to consider a variety of factors: 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, earning capacity, vocational skills, education, employability, estate and needs of each of the parties, the property division order, and, in the case of a parent to whom the custody of minor children has been awarded, the desirability and feasibility of such parent's securing employment. C.G.S. §46b-82.

While the judge is required to consider all the statutory factors, the judge is not required to give the same weight to each factor. This means that the judge may place emphasis on one factor thereby resulting in a higher, or lower, alimony award. For example, you may have heard that it is no longer necessary to establish fault to get divorced in Connecticut. While that is true, it does not mean that fault is irrelevant in a divorce proceeding. You will notice that among the factors that a judge is to consider in determining alimony is “the causes for the annulment, dissolution of marriage or legal separation.” This factor allows the judge to consider fault in a divorce case, which could have great importance to your case. As a result, one party’s affair or excessive gambling, for example, may be relevant in determining the amount of an alimony award and the length of the alimony term. Alternatively, a court could place emphasis on other factors, such as the health of the parties, in a case where one spouse has a long-term disability. In every case, the judge has broad discretion to consider the particular factors of the case to determine whether there should be alimony, and if so, how much and for how long.

While rules of thumb certainly exist among lawyers, those rules of thumb may not apply in your case; or may not necessarily be followed by the judge. An experienced family lawyer, like those at Ferro & Battey, LLC, can assist you in evaluating the potential alimony claim, or obligation, in your case.