Joanne Mesite v. Mark N. Mesite (2010)

MEMORANDUM OF DECISION

The plaintiff and defendant, whose birth name was Joanne Kubik, intermarried at Wallingford, Connecticut on April 5, 1997.   No children were born of this marriage.   The court has the requisite jurisdiction.   The marriage has broken down irretrievably and is dissolved.

This is an 11-year marriage.   It is a second marriage for both parties.   The wife is 56 and the husband is 57.   Both are well educated.   The wife has an assortment of degrees and has been financially very successful.   She is in good health.   The husband has a serious diabetic problem, has been hospitalized and been in a nursing home.   It would serve no purpose to detail his serious medical condition.   An examination of the parties' financial affidavits as well as their respective testimony indicates both are in excellent financial condition.

Husband was served with divorce proceedings while he was in a nursing home after the wife found out that he had named his sister as the fiduciary in his proposed will.   She testified that this was the straw that broke the camel's back.   Her claims that relate to fault are not classic claims the court usually hears.   He was secretive and sloppy.   When his health problems are considered this is far from egregious conduct.   He contributed to the mortgage and tax payments as well as contributed cash payments to her and her family while he lived in her home.

It would serve no purpose to detail the husband's serious physical condition.   He is in and out of the hospital on a regular basis and based on the history presented the prognosis is not encouraging.

While this was far from the perfect marriage the court finds that neither party was responsible for the breakdown of the marriage.

The court has carefully considered all of the criteria set forth in Connecticut General Statutes 46b-81 and 46b-82 in entering its orders as well as the assets, liabilities, and income and expenses of the parties.

ORDERS

1. The marriage has broken down irretrievably and is dissolved.

2. Neither party is awarded alimony.

3. The real estate of the plaintiff located at 11 Hawley Lane in Monroe shall be hers exclusively.

4. The defendant shall continue the existing medical insurance coverage pursuant to COBRA for as long as it is available to him and he shall bear the cost for same.

5. The bank accounts, stock, and bonds as listed on the parties' affidavits shall be their own, respectively.   Wife's deferred compensation as set forth on her affidavit shall be hers exclusively.

6. The Ford Focus, Ford Escape and Ford Taurus, shall be the exclusive property of the wife and the husband shall have exclusive ownership of the 2003 Ford Taurus.

7. Each party shall be responsible for their respective attorney fees.

8. The wife shall return to the husband his sound system and attachments.   The court finds that other personal property listed on husband's claims for relief have been returned or accounted for.

9. The liabilities set forth on wife's financial statement shall be her responsibility.

OWENS, J.T.R.

Owens, Howard T., J.T.R.