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What Property Is Exempt From Divorce?

George Zimmerman made headlines for his alleged murder of Trayvon Martin in Florida. Zimmerman was eventually acquitted in the case, but all is not well that ends well for Mr. Zimmerman. His wife recently filed for divorce. As part of the divorce, she is seeking a portion of the proceeds of his defamation case against NBC. In some states, proceeds from a personal lawsuit like this could be classified as separate property. In Connecticut, the rules are completely different.
 
Is there separate property in Connecticut?
Generally, when a couple divorces, the court may only divide the marital property. This is usually defined as property acquired or earned during marriage and generally excludes things such as property owned before marriage or property acquired during marriage by gift or inheritance.  Proceeds from a lawsuit may be considered separate property in some states.
Connecticut is an equitable distribution state — however, the court has the authority to distribute any property owned by the husband or wife, whether it would be considered separate or marital property.
 
How is property divided?
 
When dividing property in a divorce, a Connecticut judge must consider:
  • The length of the marriage
  • The reason for divorce
  • The age, health, station, occupation, amount and source of income, job skills, employability and needs of each spouse
  • Each spouse’s opportunity for future income and assets
  • The contribution of the parties in acquiring, preserving and assisting in the appreciation of their own property.
Rutkin, Oldham & Griffin provides the legal representation you need for property distribution in your divorce case. Make an appointment to discuss your case today.

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