Bill 5524 - Bill proposed by Law Revue Committee formed in Bill 6688

 AN ACT CONCERNING THE RECOMMENDATIONS OF THE LAW REVISION COMMISSION WITH RESPECT TO THE ALIMONY STATUTES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 46b-81 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) At the time of entering a decree annulling or dissolving a marriage or for legal separation pursuant to a complaint under section 46b-45, the Superior Court may assign to either spouse all or any part of the estate of the other spouse. The court may pass title to real property to either party or to a third person or may order the sale of such real property, without any act by either spouse, when in the judgment of the court it is the proper mode to carry the decree into effect.

(b) A conveyance made pursuant to the decree shall vest title in the purchaser, and shall bind all persons entitled to life estates andremainder interests in the same manner as a sale ordered by the court pursuant to the provisions of section 52-500. When the decree is recorded on the land records in the town where the real property is situated, it shall effect the transfer of the title of such real property as if it were a deed of the party or parties. (c) In fixing the nature and value of the property, if any, to be assigned, the court, after considering [all] the evidence presented by 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 gross and net income, earning capacity, vocational skills, education, employability, estate, liabilities and needs of each of the parties, [and] the opportunity of each party for future acquisition of capital assets and income and the tax consequences of the court's orders. The court shall also consider the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates.

Sec. 2. Section 46b-82 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (EffectiveOctober 1, 2014):

(a) At the time of entering the decree, the Superior Court may order either of the parties to pay alimony to the other, in addition to or in lieu of an award pursuant to section 46b-81, as amended by this act. The order may direct that security be given therefor on such terms as the court may deem desirable, including an order pursuant to subsection (b) of this section or an order to either party to contract with a third party for periodic payments or payments contingent on a life to the other party. The court may order that a party obtain life insurance as such security unless such party proves, by a preponderance of the evidence, that such insurance is not available to such party, such party is unable to pay the cost of such insurance or such party is uninsurable. In determining whether alimony shall be awarded, and the duration and amount of the award, the court shall consider the evidence presented by each party and shall consider the length of the marriage, the causes for the annulment, dissolution of the marriage orlegal separation, the age, health, station, occupation, amount and sources of gross and net income, earning capacity, vocational skills, education, employability, estate and needs of each of the parties, [and] the award, if any, which the court may make pursuant to section 46b-81, as amended by this act, the tax consequences of the court's orders 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.

(b) If the court, following a trial or hearing on the merits, enters an order pursuant to subsection (a) of this section, or section 46b-86, as amended by this act, and such order by its terms will terminate only upon the death of either party or the remarriage of the alimony recipient, the court shall articulate with specificity the basis for such order.

(c) Any postjudgment procedure afforded by chapter 906 shall be available to secure the present and future financial interests of a party in connection with a final order for the periodic payment of alimony.
 

Sec. 3. Section 46b-65 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) If the parties to a decree of legal separation at any time resume marital relations and file [their written declaration of resumption] a written certificate that the marital relationship has resumed, signed, acknowledged and witnessed by each party, with the clerk of the superior court for the judicial district in which the separation was decreed, the [declaration] certificate shall be entered upon the docket, under the entries relating to the complaint, and the decree shall be vacated and the complaint shall be deemed dismissed.

(b) If no [declaration] certificate has been filed under subsection (a)of this section, then at any time after the entry of a decree of legalseparation, either party may petition the superior court for the judicial district in which the decree of legal separation was entered for a decree dissolving the marriage and the court shall (1) enter the decree dissolving the marriage in the presence of the party seeking thedissolution of marriage, and (2) incorporate the financial terms of the decree of legal separation into the decree dissolving the marriage unless it would be unconscionable to do so.

Sec. 4. Section 46b-86 of the 2014 supplement to the general statutes 84 is repealed and the following is substituted in lieu thereof

(a) Unless and to the extent that the decree precludes modification, any final order for the periodic payment of permanent alimony or support, an order for alimony or support pendente lite or an order requiring either party to maintain life insurance for the other party or a minor child of the parties may, at any time thereafter, be continued, set aside, altered or modified by the court upon a showing of a substantial change in the circumstances of either party or upon a showing that the final order for child support substantially deviates from the child support guidelines established pursuant to section 46b-215a, unless there was a specific finding on the record that the application of the guidelines would be inequitable or inappropriate. There shall be arebuttable presumption that any deviation of less than fifteen per cent from the child support guidelines is not substantial and any deviation of fifteen per cent or more from the guidelines is substantial. Modification may be made of such support order without regard to whether the order was issued before, on or after May 9, 1991. In determining whether to modify a child support order based on a substantial deviation from such child support guidelines the court shall consider the division of real and personal property between the parties set forth in the final decree and the benefits accruing to the child as the result of such division. After the date of judgment, modification of any child support order issued before, on or after July 1, 1990, may be made upon a showing of such substantial change of circumstances, whether or not such change of circumstances was contemplated at the time of dissolution. By written agreement, stipulation or decision of the court, those items or circumstances that were contemplated and are not to be changed may be specified in the written agreement, stipulation or decision of the court. This section shall not apply to assignments under section 46b-81, as amended by this act, or to any assignment of the estate or a portion thereof of one party to the other party under prior law. No order for periodic payment of permanent alimony or support may be subject to retroactive modification, except that the court may order modification with respect to any period during which there is a pending motion for modification of an alimony or support order from the date of service of notice of such pending motion upon the opposing party pursuant to section 52-50. If a court, after hearing, finds that a substantial change in circumstances of either party has occurred, the court shall determine what modification of alimony, if any, is appropriate, considering the criteria set forth in section 46b-82, as amended by this act.

(b) (1) In an action for divorce, dissolution of marriage, legal separation or annulment brought by a spouse, in which a final judgment has been entered providing for the payment of periodic alimony by one party to the other spouse, [the Superior Court may, in its discretion and upon notice and hearing, modify such judgment and suspend, reduce or terminate the payment of periodic alimony upon a showing] upon notice and hearing, if the party paying the periodic alimony proves that the party receiving the periodic alimony [is] has been living with another person [under circumstances which the court finds should result in the modification, suspension, reduction or termination of alimony because the living arrangements cause such a change of circumstances as to alter the financial needs of that party. In the event that] in a marriage-like relationship over a period of six months or more, the burden of proving that the judgment requiring the payment of periodic alimony should not be modified, suspended, reduced or terminated shall be on the party receiving the periodicalimony. The Superior Court, after considering the evidence presented by each party and the relevant criteria set forth in section 46b-82, as amended by this act, may, in its discretion, modify such judgment and suspend, reduce or terminate the payment of periodic alimony.

(2) (A) If the party paying periodic alimony files a motion to modify the judgment requiring the payment of periodic alimony on the ground that such party is retired from employment and has attained the age of sixty-five, the burden of proving that such alimony should not be modified shall be on the party receiving the periodic alimony.

(B) If the party paying periodic alimony files a motion to modify the judgment requiring the payment of periodic alimony on the ground that such party is retired from employment, and such party has not attained the age of sixty-five, the burden of proving that such alimony should be modified shall be on the party paying periodic alimony. The Superior Court shall consider the evidence presented by each party concerning the relevant facts and circumstances concerning the retirement.

(C) In any modification proceeding under subparagraph (A) or (B) of this subdivision, the court, after notice and hearing, shall determine what modification of alimony, if any, is appropriate after considering the evidence presented by each party and the relevant criteria set forth in section 46b-82, as amended by this act.

(3) If a final judgment incorporates a provision of an agreement in which the parties agree to circumstances, other than as provided in this subsection, under which alimony will be modified, including the suspension, reduction, or termination of alimony, the court shall enforce the provision of such agreement and enter orders in accordance [therewith] with such agreement.

(c) When one of the parties, or a child of the parties, is receiving or has received aid or care from the state under its aid to families with dependent children or temporary family assistance program, HUSKY

Statement of Purpose:

To adopt the recommendations of the Law Revision Commission regarding alimony statutes.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]