Jennifer Circelli v. Ralph Circelli (2011)

MEMORANDUM OF DECISION

The parties intermarried at New Rochelle, New York on May 21, 1988.   The court has jurisdiction in that the plaintiff has resided in Connecticut for over twelve years, and all statutory stays have expired.   They have two children issue of the marriage:  Emily Frances Circelli, born May 22, 1998, and Nicholas Ryan Circelli, born May 22, 1998.   The evidence indicated that the marriage has irretrievably broken down.   Judgment may enter dissolving the marriage on that ground.

The plaintiff (“wife”) is 47 years old.   She is a graduate of Bennington University and has good health.   The plaintiff has created a successful career in marketing in the field of the internet and direct mail and is a senior vice president of sales with Direct Media.

The defendant (“husband”) is 52 years of age.   He graduated from high school.   The defendant took courses to become an investment counselor, had worked as a real estate broker, had been an owner of a restaurant and a Carvel store.   He also day traded for himself.   Most recently the defendant owned an interest in a restaurant/take out business.   The wife was aware of the various employment/self-employment attempts by the husband and supported him in those choices, both economically and personally.   The husband's significant business debts were paid from family funds.   The defendant claims he suffers from depression and anxiety and that he is an alcoholic.   As a result of three convictions for the operation of a motor vehicle while under the influence of liquor he was incarcerated.   He is unable to operate a motor vehicle and is presently unemployed.   He continues to drink alcohol.

There are two children (twins) issue of the marriage and the wife has had the overwhelming, if not sole responsibility, as a parent and breadwinner of the family.   The wife will no doubt continue in her role with the children and be financially responsible for any higher education the children may attend.

The court finds that the husband's behavior and lack of responsibility is the significant reason for the breakdown of the marriage.

The court has carefully considered the statutory criteria set forth in Connecticut General Statutes §§ 46b–56(c), 46b–62, 46b–81 and 46b–82 in reaching the decisions as set forth herein.

The following orders may enter:

The parenting plan dated February 4, 2011 is hereby incorporated by reference to this decision.   The husband shall receive one-half of the wife's Gencos Wealth Management IRA and T. Rowe Price IRA using the gross value for division as of the date of this decision.   The defendant shall establish a rollover IRA to receive his share of each account.   The parties' joint Gencos Wealth Management account shall be divided 60% to the wife and 40% to the husband.   These transfers shall occur within thirty days of this decision.

The husband shall relinquish (quit claim deed) his interest in the family residence at 239 Dundee Road in Stamford to the wife.   Within thirty days of this decision the husband shall retain his interest in his mother's estate free and clear of any claim by the wife.   The wife shall be financially responsible for any and all mortgages on the premises and shall hold the husband harmless from said mortgages.   Each party shall be responsible for the debts set forth on their respective financial affidavits and hold the other party harmless.

The wife shall pay alimony to the husband in the amount of $30,000 a year, payable in the amount of $2,500 on the first of each month.   The husband may have earnings up to $50,000 a year before alimony may be modified based upon his income.   The alimony shall be paid over a ten (10) year period the term of which is nonmodifiable and shall terminate on February 28, 2021.

The husband shall pay child support upon his obtaining self-employment income or employment.   He shall notify the wife of any such receipt of income within 10 days of such employment or income received.

The personal property located in the family residence shall be the wife's.

The wife shall maintain life insurance in the amount of $1,000,000 with the beneficiary to be a trustee for the children to be named by the wife.   This obligation shall continue until the children's twenty-second (22) birthday or until the level term premium expires, which ever date occurs first.   Each party shall pay their own legal fees.

The court shall retain jurisdiction over the children's higher education pursuant to Conn. Gen.Stat. § 46b–56c(b)(2).

The child support obligation shall continue until each child attains the age of 18 or graduates from high school but in any event not later than age 19.

Malone, J.

Malone, John P., J.T.R.