Answers To Common Divorce Questions
Considering divorce in Connecticut? Here are some answers to questions commonly asked by others going through the process.
How Are Retirement Assets Divided In Divorce?
Connecticut is an equitable distribution state, meaning that assets need to be divided equitably (but not necessarily equally). Judges have wide discretion when it comes to dividing up retirement assets between spouses or awarding them to one spouse. There are numerous important considerations, such as the age of the spouses, the disparity between retirement plans, which other assets may be traded for retirement assets, etc.
Generally speaking, only the assets accrued during the marriage are subject to division or reallocation. That means retirement funds earned prior to marriage or after divorce belong solely to the spouse who earned them. Our experienced attorneys will help you make sense of your retirement assets and the role they are likely to play in your divorce.
Which Assets Might I Lose In Divorce?
Nearly all assets deemed marital property are subject to division or reallocation. But with the help of a good lawyer, you can negotiate in order to hold onto the assets which are more important to you (by trading away other assets of equal financial value). For some, a highly important asset may be the marital residence. For others, it might be a closely held business.
If you have assets you can’t afford to part with in a divorce, you need a highly experienced attorney advocating for your interests. To learn more about how we can help, visit our property division page.
Can I Maintain My Personal And Family Privacy While Getting A Divorce?
Maintaining privacy is a legitimate concern – especially in a high-asset divorce that might pique the curiosity of onlookers. Unfortunately, a litigated divorce is a matter of public record. Therefore, someone willing to dig for information may be able to find it. However, most of your privacy concerns can be allayed by working with attorneys who practice discretion and value your privacy as much as you do. That’s what you’ll find at Thomas M. Shanley, P.C. You can read more on our divorce page.
My Financial And Family Life Has Changed A Lot Since The Divorce. Can I Seek Modifications To Court Orders?
In many cases, the answer is yes. Petitions for child custody modifications can be made if there has been a significant change in circumstances that may be impacting the children or your relationship with them. Just a few examples include one parent needing to move out of state, one parent becoming abusive or the changing needs of children that can no longer be met by the custodial parent.
If you pay or receive spousal support (also known as alimony), you may be able to seek a modification if there has been a significant change in one party’s health, one party’s income or similar circumstances. That being said, your specific spousal support order may contain provisions that prohibit modifications or impose other limits. You can consult with an attorney to get full details.
For more on modifying court orders, visit our modifications page.
Contact Us For Answers To Your Own Questions
Thomas M. Shanley, P.C., is based in Greenwich and serves all surrounding areas of Connecticut. To arrange your initial consultation with our boutique family law firm, call us at 203-542-9391 or fill out our online contact form.