Anthony S. Capello v. Darlene L. Clouther (2010)

MEMORANDUM OF DECISION

In this action for dissolution of marriage, the defendant moves for alimony pendente lite.   She is a self-employed insurance agent/broker.   She testified that she gets paid her commissions from the insurance companies for whom she obtains contracts months after she completes the actual sale.   Her financial affidavit indicates that her weekly expenses amount to $588 and that she has a net weekly income of $350 and $12,000.00 in her checking account.   She uses that money from her checking account to tide her over until the spring.   She testified that the bulk of her business is done in the fall, but she does not get income from that business until the spring.   The evidence introduced by the plaintiff supports her testimony.   Bank records show deposits during the last quarter of 2009 averaging about $1400 a month.   Her 2009 income tax return shows a total income of $20,765, a substantial drop from her income of $38,963 in 2007.   The defendant is a co-owner of C & C Company of Northwest Corner, LLC, a roofing business run by the plaintiff.   She has received income from that business in the past, but she has received no income from that source since the parties separated and she moved out of the family home.   She has no health insurance.

According to his financial affidavit, the plaintiff's weekly net income is $548.00.   During his testimony, he revealed that there are personal expenses that are paid by the business, and that fact is not reflected on his financial affidavit.   His income for 2009 was $53,368.   He listed assets, including a boat and a motorcycle, but he assigned zero value to them.   He has two children from a prior marriage who live with him.   He currently voluntarily pays the wife's car payment, her automobile insurance, and for her cell phone.   The car payment is approximately $393.00 a month.

Both parties claim that their respective businesses have suffered as a result of the economic downturn.

DISCUSSION

The purpose of alimony pendente lite is to provide support to a spouse [whom] the court determines requires financial assistance pending the dissolution litigation and the ultimate determination of whether that spouse is entitled to an award of permanent alimony.

(Internal quotation marks omitted.)  Friezo v. Friezo, 84 Conn.App. 727, 732 (2004).

After review of the testimony, exhibits, financial affidavits, and criteria enumerated in Conn. Gen.Stat. § 46b-82, the court orders the plaintiff to continue to pay to the defendant all the expenses he now voluntarily pays in addition to $75 a week as alimony pendente lite.

BY ORDER OF THE COURT,

Gallagher, J.

Gallagher, Elizabeth A., J.