John K. Fitzpatrick v. Karen Fitzpatrick (2010)

MEMORANDUM OF DECISION

This limited contested matter was tried before the court on July 27, 2010.   The court has considered all of the evidence presented to it and carefully considered the respective criteria for orders of alimony, health insurance, property settlement, division of debt, and award of counsel fees.   The court makes the following findings of facts and orders.

The parties were married on July 18, 1981 in Enfield, Connecticut.   The court finds that it has jurisdiction over the marriage.   All statutory stays have expired.   Both parties have lived in the State of Connecticut for more than one year prior to bringing this action.   There are two children born to the parties since the date of the marriage.   Both are over the age of twenty-three.   The parties have not received state or municipal assistance.   The court finds that the marriage between the parties has broken down irretrievably and there is no reasonable prospect of reconciliation.

The plaintiff is fifty (50) years old and in good health.   He has been a cement truck driver for the past ten years.   He has been employed by his current employer for the past four years.   Before driving a cement truck, he was a long distance truck driver.   He does not have any other skills and he does not plan on acquiring additional skills.

The plaintiff's financial affidavit shows that he earns $831.19 gross per week and $594.88 net.   The plaintiff shows $870.36 in total weekly expenses.   The plaintiff shows $28,600.00 in debts:  $16,600.00 to his brother;  $4,500.00 to his attorneys;  $3,600.00 to Sears Master Card;  $2,000.00 to Bernies Appliances;  and $1,900.00 to Raymour & Flanagan and his attorneys.¹  The plaintiff has an American Funds IRA with a combined value of $15,011.89 and a Bank of America IRA with a combined value of $39,234.75.   If the plaintiff retires at age 62, he will collect a reduced Social Security benefit of $1,319.00.   If the plaintiff retires at age 66, he will collect a Social Security benefit of $1,851.00.   He has a Rockville Bank checking account with a $750.00 balance.   The plaintiff has a 2005 Jeep Wrangler approximately valued at $15,000.00 with a loan balance of $3,800.00.

The defendant is fifty (50) years old and in good health.   She is a guidance counselor for the Enfield Public Schools.   She attended four years of collage and has a master's degree in education.

The defendant's financial affidavit shows that she earns $1,676.00 gross per week and $980.00 net.   The defendant has $835.00 per week in expenses.   The defendant shows a Teacher's Federal Credit Union debt with a balance of $6,018.25.   The defendant has a TVTFCU savings account with a balance of $4,500.00 and a checking account with a balance of $1,700.00.   She has a Horace Mann 403B account with a $57,047.11 balance.   The defendant also has a Connecticut Teacher's Retirement pension plan in which she is currently vested.   Currently, her maximum monthly benefit is $3,165.00 gross per month upon her retirement.   As a State of Connecticut teacher, she does not contribute to Social Security and therefore is not entitled to collect Social Security upon retirement.   The defendant has a 1996 BMW Z-3 approximately valued at $5,000.00 and a 2001 Jeep Grand Cherokee approximately valued at $6,000.00.

The parties' marital residence was located at 229 Gulf Road, Somers, Connecticut.   Pursuant to an agreement dated September 30, 2009, the marital residence was sold and the net proceeds from the sale were to be held in escrow until the resolution of this matter.   The escrow agreement further provided that the first $10,000.00 were to be distributed to the defendant.   The $10,000.00 represented the amount credited to the buyers of the marital residence for needed repairs to the residence.   The plaintiff shall receive $71,072.01 and the defendant shall receive $81,072.01 from the escrowed funds.   The court, (Frazzini, J.), previously found that the escrow agreement was fair and equitable.

The parties also have a condominium located at 800 Mansfield Road, Mansfield, Connecticut.   The parties have agreed to sell the condominium and equally divide any proceeds.

When the parties married, the plaintiff was working as a construction worker and the defendant was in college.   The defendant started a master's degree a couple of years after the parties married.   While the defendant was getting her master's degree, she was also raising a family, working part-time and taking care of the household needs.   The plaintiff admits that the defendant was the “greatest wife and mother that ever walked the face of the earth.”   In 1989, the defendant obtained her master's degree and began working full-time shortly thereafter.

The plaintiff was under the impression that the marriage was good.   There were always arguments over finances, but the plaintiff did not think much of it.   He thought he was a good husband.

The defendant, however, felt that the marriage began to deteriorate after fifteen years.   The parties started to argue more, especially over money.   When the defendant wanted to talk with the plaintiff over their differences, he would ignore her and would not talk with her, sometimes for days on end.   In 2005, the defendant wanted the parties to seek couples' counseling.   The plaintiff did not go.   The plaintiff thought that it was the defendant that had a problem, not them.   The defendant did engage in counseling for herself.

In November 2008, the defendant told the plaintiff that she was leaving.   The marriage of the parties broke down long before then.   The defendant attempted to work on the issues between them;  the plaintiff ignored them.

ORDERS

After considering all the statutory criteria set forth in Connecticut General Statutes sections 46b-66a as to conveyance of real property, 46b-81, as to assignment of property and transfer of title, and 46b-82, as to the award of alimony, together with applicable case law and the evidence presented here, the court hereby enters the following orders:

Dissolution of Marriage

A decree dissolving the marriage, on the grounds of irretrievable breakdown, shall enter.

Alimony

The defendant shall pay the plaintiff $100 per week in periodic alimony for a period of twelve (12) years from the date of judgment.   The duration of alimony takes the plaintiff and the defendant to retirement age.   Alimony shall be modifiable as to amount only.   Alimony shall terminate upon the death of the plaintiff or defendant, the plaintiff's remarriage or cohabitation pursuant to Connecticut statute and case law.

Property

The parties by agreement sold the marital residence pending the resolution of this action and the proceeds are being held in escrow.   The escrow amounts shall be disbursed in accordance with the September 30, 2009, escrow agreement.

The condominium located at 800 Mansfield Road, Mansfield, Connecticut, shall be sold and the proceeds, after all reasonable costs and expenses, shall be shared equally.

Debt

The plaintiff shall be solely responsible for the debts showing on his financial affidavit dated July 27, 2010, and he shall hold the defendant harmless therefrom.

The defendant shall be solely responsible for the debts showing on her financial affidavit dated July 27, 2010, and she shall hold the plaintiff harmless therefrom.

Motor Vehicles

The plaintiff shall keep as his sole property the 2005 Jeep Wrangler listed on his financial affidavit.   He shall hold the defendant harmless and indemnified for taxes, registration, and insurance for said vehicle.

The defendant shall keep as her sole property the 2001 Jeep Grand Cherokee and the 1996 BMW listed on her financial affidavit.   She shall hold the plaintiff harmless and indemnified for taxes, registration, and insurance for said vehicles.

The parties shall cooperate with each other to execute any and all necessary documents to facilitate the transfer of said vehicles.

Health Insurance

Each party shall be responsible for their respective health insurance.

Life Insurance

The defendant shall maintain a life insurance policy in the amount of fifty thousand dollars ($50,000) naming the plaintiff beneficiary as long as there is an alimony obligation.

Personal Property

The parties have agreed to divide any personal property that has not already been divided.

Bank Accounts

The parties shall each retain their own bank accounts.

Pension, IRA and Retirement Assets

The plaintiff shall keep as his sole property the American Funds IRAs approximately valued at $15,011.89 and the Bank of America IRAs approximately valued at $39,234.75.

The defendant shall transfer to the plaintiff by way of a Qualified Domestic Relations Order, fifty percent (50%) of the Horace Mann 403B annuity valued as of the date of dissolution.   The parties shall share equally any and all costs to prepare the Qualified Domestic Relations Order including any administrative fees from the institution.

The defendant shall keep as her sole property the State of Connecticut Teachers' Retirement Pension.

Suarez, J.

FOOTNOTES

FN1. All of the plaintiff's debts were acquired after the parties separated..  FN1. All of the plaintiff's debts were acquired after the parties separated.

Suarez, José A., J.