Marianne Howatson v. Richard Friedberg (2010)

MEMORANDUM OF DECISION

The parties intermarried on June 7, 1980 at Westport, Connecticut.   The plaintiff (“wife”) has resided continuously in the State of Connecticut for twelve months prior to the date of the complaint, and all statutory stays have expired.   Therefore, this court has jurisdiction.   There are no children issue of this marriage.   The evidence at trial indicate that the marriage has broken down irretrievably and judgment may enter dissolving the marriage on that ground.

The wife is 61 years of age and in good health.   The wife has a college degree earned in Scotland and a degree from the Harvard Business School.

The defendant (“husband”) is 71 years of age, suffered a heart attack in 1989 and a heart surgery in 1992 and a procedure in 2010.   The husband was graduated from Boston University.

Both parties have been successful in their business careers.   The wife was employed by various publications in management positions.   The husband has been self-employed, creating numerous corporations, involved in real estate development, restaurant businesses, horse stables and other entrepreneurial pursuits.   These various businesses and investments have earned millions of dollars for the defendant.

The husband bears the responsibility for the breakdown of the marriage.   In July of 2005 the husband left on a business trip and never returned.   Subsequently, the plaintiff learned that the defendant was residing with a woman and had two young children issue of that relationship.

The parties earned significant money with which they supported their lifestyle and invested a large portion of their earnings back into the husband's business ventures.

The defendant's lack of credibility is most pronounced and evidenced by his various financial affidavits submitted to the court and in a successful motion filed by the trustee in bankruptcy to convert the pending bankruptcy case to a Chapter 7 filing.   Thus, the husband's ability to pay various attorneys as well as his living expenses are not verifiable.   There was no evidence of a checking or a savings account in his name alone or held jointly with another person.

The court has carefully considered the provisions of the Connecticut General Statutes § 46b-1 et seq., and the evidence in rendering the decision reflected in the following orders:

Dissolution of Marriage -A decree dissolving the marriage on the grounds of irretrievable breakdown.

Pendente Lite Alimony:

1. The Defendant shall pay to the Plaintiff lump sum support/alimony in the amount of $2,500,000 by October 30, 2010.

A. Defendant shall be ordered to pay the $200,000 arrearage due on the pendente alimony order by October 30, 2010.

The marital assets shall be distributed as follows:

The plaintiff shall be entitled to retain her interest in 11 Musket Ridge Road, Wilton, Connecticut and the defendant shall release his lis pendens on this Wilton property by September 30, 2010.

2. Each party shall retain all assets listed on their financial affidavits dated April 30, 2010 and the plaintiff shall immediately transfer her interest in the Harbison Group, LLC to the defendant.   The defendant shall pay for prepare and record any and all necessary paperwork to effectuate the transfer.   The plaintiff shall cooperate by executing any required paperwork.

3. The defendant shall, by October 15, 2010, amend all of the Team Capital, LLC tax returns to reflect the plaintiff's 50% interest therein and provide a copy of that amended return to the plaintiff.

4. The defendant shall indemnify the plaintiff and hold the plaintiff harmless for any and all tax claims, including attorney's and professional fees, in connection with any previously filed joint tax returns as well as any tax claims in connection with any entities that defendant owns, has an interest in directly, or indirectly, or is affiliated with.

5. Each party shall be liable for any debts listed on their respective financial affidavits, except that the defendant shall immediately sign a release that releases the plaintiff from any liability associated with the Range Rover lease that was personally guaranteed by the plaintiff for Team Capital.   The defendant shall pay $225,000 to the plaintiff to compensate her for her legal fees and thereafter, each shall pay his or her own legal and professional fees associated with this dissolution of marriage action.

MALONE, J.

Malone, Robert J., J.