Lilli Sherman v. Loren Sherman (2010)

MEMORANDUM OF DECISION

The undersigned, having carefully reviewed the testimony, documentary evidence and relevant statutory criteria, finds the following facts and issues the following orders.

The parties were married in Stamford, Connecticut on January 7, 1989.   The marriage has broken down irretrievably, with no hope of reconciliation.   Neither party is more at fault than the other party for the breakdown of the marriage.   Neither party was a recipient of state aid during the pendency of the marriage.   The plaintiff has resided in the State of Connecticut for at least 12 months prior to commencement of the instant action.   The court has jurisdiction.   No minor children have been born issue of the marriage.   The plaintiff wife is not pregnant.

The plaintiff, Lilli Sherman, hereinafter referred to as “the plaintiff,” is 59 years old.   She is in good health.   She is a former business writer for various New York City-based publications.   She has been out of work since being laid off in 2009.   She was making $68,700 a year at the time of her lay-off.   She has a Bachelor's degree and a Master's degree.   She currently resides alone in the marital residence, detailed below.   She has been collecting unemployment benefits since her lay-off, and those benefits run out in December 2010.

The defendant, Loren Sherman, hereinafter referred to as “the defendant,” is 54 years old and in generally good health.   He is employed as a firefighter for the Town of Fairfield, Connecticut.   As part of his job duties, he has been a responder to both 9/11 and Hurricane Katrina.   His gross annual income is approximately $117,000.   The plaintiff also has a pension and retirement account with his employer.   The current value of the retirement account is approximately $197.000.   The parties also share income from rentals received on the premises of the family home in Southport, Connecticut.   Those rental payments total $3,100.00 per month.   Approximately half of that rental amount is used to pay the second mortgage on the property, and the other half is used for paying the parties' other bills.

The marital residence, located at 172 John Street, Southport, Connecticut, is currently on the market.   The defendant has owned the property since 1982, prior to the marriage.   It has been in his family since it was built in 1859.   He added the plaintiff's name to the deed as part of a refinancing in 1991.   In addition to the main house, the property also includes an in-law apartment and a cottage.   The defendant built the in-law apartment for the plaintiff's parents, who resided there for several years.   The court finds that the current market value of the property is $750,000.   The property is encumbered by two mortgages.

The defendant testified that he wants to keep the house and is willing to pay his wife for her interest in the property.

The court, having heard all of the evidence presented at trial, the reasonable inferences drawn therefrom, and the statutory factors enumerated in the Connecticut General Statutes, enters the following orders.

1. The defendant shall retain sole ownership of the family residence and improvements, located at 172 John Street, Southport, Connecticut.   The defendant shall, within 180 days of the date of judgment, buy out the plaintiff's interest in the property.   The buyout price shall be calculated as 60 percent of the fair market value of the property, as indicated above, minus the balance of any and all current mortgages on the property.   Until that occurs, the plaintiff shall continue to reside at the subject premises, and the defendant shall be responsible for any and all expenses costs and fees, including but not limited to mortgages, related to the subject property and its improvements and shall hold harmless and indemnify the plaintiff for any costs related thereto.   In consideration for the buyout, the plaintiff, upon receipt of the funds, shall quitclaim all of her interest in the marital home to the defendant.   Neither party shall encumber the property in any way during the pendency of the buyout and quitclaim.   Prior to the buyout and quitclaim, the parties shall equally divide the monthly rental fees received for the cottage and/or in-law apartment located on the subject property.   Following the buyout and quitclaim, the defendant shall retain all of the monthly rental fees for the cottage and/or in-law apartment located on the subject premises, and the defendant shall be solely responsible for any and all costs, fees and expenses related to the subject property and improvements and shall hold harmless and indemnify the plaintiff from any costs, fees and/or expenses related thereto.   The plaintiff shall vacate the subject premises within four weeks of the exchange of the buyout and the quitclaim.   The court shall retain jurisdiction over the buyout and the quitclaim.

2. The defendant shall pay alimony to the plaintiff in the amount of $650.00 per week until the first of the following events occurs:  a) death of the plaintiff;  b) death of the defendant;  c) remarriage or cohabitation of the plaintiff as defined by Connecticut law;  or d) retirement of the defendant.

3. The defendant shall pay the plaintiff 50 percent of the marital portion of his pension with the Town of Fairfield.   The marital portion shall be determined by a fraction, the numerator of which shall be the number 12, representing the years of service accumulated by the defendant from the date of marriage to the date of dissolution;  and the denominator of which shall be the years of service accumulated by the husband at the time of his retirement.   This fraction shall be applied to the defendant's pension at the time of his retirement.   The payments to the plaintiff shall begin at the same time as the payments to the defendant.   If the plan provides for survivor benefits at the time of the defendant's retirement, the payments to the plaintiff shall continue for her lifetime, even if she outlives the defendant.   This award shall be adjusted for earnings and/or losses sustained by the defendant from the date of dissolution until the date of transfer.   The assignment of the defendant's pension shall be done by a Qualified Domestic Relations Order (QDRO).   Attorney Elizabeth McMahon of Branford, Connecticut shall prepare the QDRO and the parties shall split Attorney McMahon's fees and costs regarding that preparation.

4. The defendant shall, within 120 days of the date of dissolution, transfer to the plaintiff a sum equal to two-thirds of the value of his retirement account with the Town of Fairfield, Connecticut as of the date of dissolution.

5. The defendant shall, at his sole expense, provide health and/or medical insurance for the wife's benefit for a period of three (3) years following the entry of judgment in this matter.

6. The defendant shall maintain a policy of life insurance in an amount not less than $500,000, naming the plaintiff as sole beneficiary, so long as he has an obligation to pay alimony to the plaintiff and/or for so long as the plaintiff continues to receive an assignment from the plaintiff's pension.

7. The defendant shall, within 90 days, pay the sum of $20,000.00 toward the plaintiff's legal fees.   Thus sum shall include the $10,000 already ordered to be paid, but which has not been paid as of the date of trial.

8. The 2006 Southport boat listed on the defendant's financial affidavit shall be sold and the proceeds from that sale, if any, shall be equally divided between the parties.   Until the boat is sold, the defendant shall be solely responsible for all payments, costs, expenses and fees related to the subject boat and shall hold harmless and indemnify the plaintiff from any responsibility thereto.   The defendant shall be solely responsible for any and all payments to be made, for any reason, after the sale of the boat, and will hold harmless and indemnify the plaintiff from any payments, costs, expenses and/or fees related thereto.

9. Each party shall be individually responsible for those debts and obligations listed on their respective financial affidavits, attached hereto, and shall each hold harmless and indemnify the other for those debts and obligations.

10. The marriage is hereby ordered dissolved.

Gould, J.

Gould, Mark T., J.