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29 South Main Street, Suite 311 N, West Hartford, Connecticut 06107

Lawyer Who Understands Connecticut Equitable Distribution Laws

Dividing assets following a dissolution of marriage

One of the most significant stages in a divorce is determining how to properly divide shared assets, property and debt between separating spouses. Connecticut is an equitable distribution state, meaning that a couple’s estate is allocated in a way that fairly reflects a number of factors. In our work at Carlo Forzani LLC, we represent the interests of our clients and ensure that you receive the shares to which you are legally entitled.

What assets are considered when dividing an estate?

The process of equitable distribution involves taking inventory of all items of value within a couple’s estate, including the following:

  • Real estate
  • Vehicles
  • Furniture
  • Jewelry
  • Artwork
  • Investments
  • Retirement accounts
  • Business ventures
  • Bank accounts and cash
  • Debt

With each of these items, three questions must be answered:

  • Is the asset subject to equitable distribution? Most assets are jointly owned, but some may be determined to be rightfully owned by one spouse and therefore immune to equitable distribution.
  • What is the value of the asset? Sometimes real estate agents, appraisers and other experts must be consulted in order to determine the value of an item. This is particularly important in a complex divorce, in which the future valuation of a business, for example, is debatable and largely dependent on speculation.
  • How can this asset be most equitably distributed? Sometimes an asset can be divided and maintain its value, while other times the asset must remain intact and go to one spouse, while the other spouse receives another asset of appropriate value (or is compensated with cash, etc.).

How is equitable distribution determined?

In a divorce, whether through mediation, collaboration, negotiation or trial, several factors are considered when deciding how to equitably divide an estate. The court makes a decision on what percentage of the estate each spouse is entitled to, based on the following:

  • Grounds for divorce or fault
  • Age and health of each spouse
  • Each spouse’s occupations, vocational skills and potential for employment
  • Duration of the marriage
  • Amount and sources of income
  • Standard of living at the time of divorce
  • Each spouse’s liabilities
  • Needs of each spouse
  • Medical and other needs of any children
  • Opportunity to earn income and acquire future assets
  • Each spouse’s contribution to income and assets already earned
  • Overall value of the estate
  • Tax implications
  • Terms of a prenuptial or postnuptial agreement

Protect yourself and your future

It is important to secure representation from an experienced Connecticut attorney during your divorce, since we can truly represent your interests and ensure you receive all you are entitled to in an equitable distribution. To learn more about how we can help, call Carlo Forzani LLC at 860-841-5808 or contact our law firm online today.