Connecticut Alimony Laws

Understanding Connecticut alimony laws is valuable to spouses who are navigating the divorce process or legal separation. Connecticut law does not use a single formula or percentage that automatically determines whether a spouse must pay alimony or how much another spouse should receive. The court considers a number of factors when making these determinations.

Understanding Alimony in Connecticut

Alimony is financial support paid by one spouse to another following or during a divorce or legal separation. Connecticut spousal support can be awarded to either spouse. The court can also establish temporary or longer-term alimony depending on the circumstances of the case. Spouses who understand how the state’s alimony and spousal support laws work can better evaluate potential financial obligations before reaching a settlement agreement or going to trial.

Connecticut General Statutes § 46b-82 outlines various elements that judges can take into account when deciding if alimony is appropriate, and if it is, for how long and how much. Factors considered include:

• The age of the spouses
• Earning capacity
• Income
• Health
• Occupation
• Contributions to the household
• Property
• Who has custody of the children

Connecticut therefore does not determine alimony based on applying a fixed percentage to the income of the higher-earning spouse. The court considers the circumstances of both spouses and the evidence in the case to make an award determination.

According to the Centers for Disease Control and Prevention, the divorce rate in Connecticut was 2.6 per 1,000 individuals in 2023. In Connecticut, 12% of women and 9% of men are divorced, according to another statistic, with a number of these having concerns regarding alimony.

Types of Alimony

Alimony may also be established by an agreement between the spouses. If the spouses enter into a separation or divorce agreement, for example, the terms can set forth provisions relating to the amount, length, and conditions of support and payment. The court’s approval is usually necessary for a relevant agreement. Connecticut has several different types of alimony, based on when support is paid and the purpose of the support payments. 

• Temporary alimony can be paid while a divorce or legal separation case is ongoing. It is typically aimed at meeting financial needs during the litigation process and does not necessarily set the final support declaration.
• Rehabilitative alimony is designed to provide a spouse with short-term support to allow them to become self-supporting. Rehabilitative alimony is usually awarded when the receiving spouse has the ability to become self-sufficient but needs additional time or resources to enhance their earning capacity.
• Permanent alimony is long-term support for a spouse who has a lower earning capacity and is unlikely to become financially self-sufficient. Permanent alimony is less common than it was in the past and usually involves situations in which the supported spouse has diminished earning potential because of factors such as advanced age or disability.

Alimony calculations can also include issues like modification or termination. Connecticut places limitations on when certain alimony orders may be modified.

Who Can Receive Alimony?

In Connecticut, either spouse can receive alimony. The law does not make automatic designations about which spouse is entitled to support based on gender. Instead, the court looks to the parties’ financial circumstances and the relevant factors.

A spouse who has a lower income or a reduced ability to earn income may have a claim for spousal support, particularly when the other spouse has significantly higher income or earning capacity. However, lower income does not automatically mean that the lower-earning spouse is going to receive alimony.

Why Hire an Alimony Lawyer?

When you hire an alimony lawyer, they can investigate the legal requirements that apply to a spouse’s situation, review employment and financial documentation, and assess prospective support requests or responsibilities. A Connecticut alimony attorney can also uncover sources of income and financial facts that may influence the court’s decision, as well as compile proof to support an alimony request.

Why Suisman Shapiro Attorneys-at-Law?

Suisman Shapiro Attorneys-at-Law has served families in eastern Connecticut for more than 80 years. Connecticut’s family law attorneys are equipped to manage divorces, legal separations, child custody disputes, and property division. We understand how personal divorce and family proceedings can be and can handle your case with care.

Residents in southeastern Connecticut may file alimony cases in the New London Judicial District, which is at 70 Huntington Street, New London, CT 06320. Major roadways connecting New London, Norwich, Groton, and Waterford include Interstate 95 and Interstate 395.

FAQs

Can Alimony Be Paid in Addition to Child Support?

Yes. Alimony and child support are distinct obligations that may be ordered in the same Connecticut divorce case. The former provides financial support to a former spouse, while the latter is for the parties’ children. Connecticut courts consider alimony and child support separately, but the parents’ overall financial circumstances influence the amount of each support award.

Can Alimony Be Paid as a Lump Sum?

Yes. Connecticut courts can order financial obligations to be satisfied in different ways, including under a fixed-amount arrangement instead of regular payments. However, while a lump sum can help ease the burden of paying over time, each party should consider how this affects long-term finances. The specific terms of the agreement can help individuals maintain a clear picture of what’s to come.

Can a Spouse Refuse to Pay Court-Ordered Alimony?

No, a spouse cannot refuse to pay alimony that is court-ordered. A spouse generally must continue making payments on a court-ordered alimony award even if they disagree with the amount or their financial circumstances change. The order is legally enforceable until it is modified or terminated through the appropriate legal process.

Does Remarriage Affect Alimony in Connecticut?

Remarriage can affect alimony in Connecticut, but it depends on the existing agreement and applicable laws. Connecticut courts may consider the recipient’s remarriage when deciding if alimony should continue, especially if the new marriage affects the former spouse’s finances. The effect can vary based on the judgment’s specific terms, so spouses should review the existing alimony order before assuming the payments are going to automatically terminate.

Learn About Your Legal Options

Alimony is one of many issues decided on in a divorce. At Suisman Shapiro Attorneys-at-Law, our attorneys can inform you of your legal options. Contact us today to get started.