IV v. Margo A. Von Rosenvinge (2011)

AMENDED MEMORANDUM OF DECISION

On November 15, 2010, the plaintiff filed a motion pursuant to Practice Book § 11-11 of the Rules of Practice for reargument of the court's decision of October 26, 2010, which dissolved the marriage of the parties and rendered orders.   The court granted the plaintiff's motion, and the parties appeared, with counsel, on December 20, 2010 for oral argument.

The Memorandum of Decision dated October 26, 2010 is amended as follows.

1. The court finds the plaintiff's net weekly income to be $2,198.51 and the defendant's net weekly income to be $557.42.   This court's alimony order of $1,300 per week rendered in Section D of its October 26, 2010 Memorandum is hereby vacated, and the plaintiff is ordered to pay to the defendant alimony in the sum of $969 per week.   This order is retroactive to October 26, 2010.

The court did not consider the plaintiff's capital gains distributions in its finding of net income.   The plaintiff's testimony that the capital gains distributions were a return of capital was found not to be credible.   There was no credible evidence that the plaintiff's interest in the business had diminished as a result thereof.

The court reaffirms the remaining orders under Section D of the October 26, 2010 Memorandum.

2. This court's orders issued on October 26, 2010 under Section B, Subsection 1, are hereby vacated, and the court orders the following.

The real property shall be listed for sale and sold immediately, and the defendant shall receive the net proceeds.   The defendant shall have exclusive possession of the home until sale and the expenses of the mortgage, home equity line of credit, real property taxes and homeowner's insurance shall be paid by the plaintiff until March 1, 2011.   Thereafter, payment of said expenses shall be made by the defendant.   The court shall retain jurisdiction over any dispute pertaining to the sale of the real property.

The court reaffirms the remaining orders under Section B of the October 26, 2010 Memorandum.

3. This court's order regarding Life Insurance in Section B of its October 26, 2010 Memorandum is hereby vacated.   The court orders the following.

The plaintiff shall maintain life insurance, insuring his life, in the amount of $500,000, naming the defendant as sole beneficiary, so long as he has an obligation to pay alimony.   This is intended to be part of a modifiable alimony order.   The plaintiff's obligation to maintain the defendant as a beneficiary on his life insurance policy, as herein provided, shall terminate completely when his alimony obligation terminates provided he is current in his alimony payments.   The plaintiff shall have the right ‘to decrease his life insurance benefit annually, commencing one (1) year from the date of the marital dissolution.   In no event shall the plaintiff decrease the life insurance benefit to the defendant below his then-existing alimony obligation.

In the event that said insurance shall not be maintained in effect at the time of the plaintiff's death, then the amount of the plaintiff's remaining alimony obligation to the defendant shall constitute a charge upon the estate and an indebtedness of the estate of the plaintiff in favor of the defendant.

Upon request, but not more than once annually, the plaintiff shall furnish the defendant with proof that said insurance is being maintained.

4. The plaintiffs 401(k) is included as a deferred asset for purposes of division under Section B, Subsection 6, Paragraph a.

5. All other relief sought by the plaintiff in his motion to reargue dated November 12, 2010 is hereby denied.

6. All other orders in the court's October 26, 2010 Memorandum which are not modified herein shall remain in full force and effect.

Marano, J.

Marano, Richard M., J.