Lawrence Hillman v. Susan Kauder (2011)

MEMORANDUM OF DECISION

The parties intermarried on August 21, 2005 in New York, New York. There are no children issue of the marriage.   The court has the requisite jurisdiction and neither party is a recipient of State assistance.   The marriage has broken down irretrievably and is dissolved.

The parties have executed a separation agreement dated March 9, 2010 as well as an agreement dated February 23, 2011.   The parties' agreement dated March 9, 2010 has been terminated by the agreement of both parties and the February 23, 2011 is superceded.   The Court has been asked to decide three issues agreed upon by the parties.

Plaintiff does not want to pay for any of defendant's health insurance because of admitted infidelity.   However, plaintiff was aware that defendant had been diagnosed with multiple sclerosis in 1999.   Defendant claims that she is uninsurable.   Defendant claims that she still sees the plaintiff on a fairly regular basis and that he has continued sexual relations with her.   This is a second marriage for both.   Plaintiff is 54 and defendant is 57.

The agreement dated February 23, 2011 that has been submitted is fair and equitable.   It is marked “Court Exhibit A.” The Court resolves the disputed issues as follows.

1. Plaintiff shall provide COBRA benefits for the defendant for the three years allowed by law and Plaintiff shall pay for one-half of the premiums during that period.

2. Neither party shall be obligated to pay alimony.

3. Each party shall be entitled to their existing retirement plans, pensions and bank accounts and neither party shall make claim to those assets.

OWENS, J.T.R.

Exhibit A

AGREEMENT

THIS AGREEMENT made as of the 23rd day of February 2011, by and between LAWRENCE S. HILLMAN, of the Town of Fairfield, County of Fairfield and State of Connecticut (hereinafter referred to as “the Husband”) and SUSAN KAUDER of Westchester, New York (hereinafter referred to as “the Wife”).

WHEREAS, the parties were married on August 21, 2005 in New York, New York;  and

WHEREAS, there are no minor children issue of the marriage, and no children have been born to the Wife since the date of marriage;  and

WHEREAS, because of serious and irreconcilable differences which arose between them, the parties hereto have separated and they have been and are now living separate and apart, and there is no reasonable prospect for reconciliation;  and

WHEREAS, the Husband has instituted an action for dissolution of their marriage, which is pending in the Superior Court for the Judicial District of Fairfield at Bridgeport;  and

WHEREAS, the parties acknowledge, and, for the purpose of such action do hereby stipulate that their marriage has broken down irretrievably;  and

WHEREAS, the parties are now desirous of adjusting their future relationship and desire to effect an agreement for the purpose of settling and adjusting all matters arising out of their marital status, including their respective property, all claims for maintenance, support or alimony which either may have against the other and any claims or demands which each might have against the other by reason of their marriage;  and

WHEREAS, each of the parties has been fully informed concerning the extent of the estate, income and financial prospects of the other;  has been fully advised of his or her rights;  has had the opportunity to be represented in the negotiations for and in the preparation of this agreement by independent counsel, and considers to terms of the agreement to be fair and reasonable.

NOW THEREFORE, in consideration of the foregoing and mutual promises, undertakings and covenants contained herein, the parties agree as follows.

ARTICLE I SEPARATION OF PARTIES

1.1 From and after the date hereof, the parties will continue to live separate and apart from each other for the rest of their lives.   Each of the parties shall be free from interference, authority or control, direct or indirect, of the other party, and may reside at such place or places as he or she may desire and may engage in any occupation, employment or business which he or she may choose without any restraints or interference, direct or indirect, by the other party.

ARTICLE II REAL AND PERSONAL PROPERTY

2.1 Neither party owns real property.

22 The parties have divided their personal property to their mutual satisfaction.

7.6 In the event of any claim for taxes, interest, penalties, fines, deficiencies, losses, expenses or other claims arising out of any joint income tax return filed by the parties, the party whose income or claimed deduction is the cause or basis for any such claim shall bear the cost and expenses thereof and shall indemnify and hold harmless the other party from any liability therefore.   Each party agrees that he or she will at all times keep the other free, harmless and indemnified from any and all such debts or liabilities arising after the date hereof, provided, however, if either party receives “innocent spouse” protection from the Internal Revenue Service with regard to any item specified herein or tax return(s) in question for which the other is to indemnify him or her, then the indemnification by that party shall be deemed null and void to those items or tax return(s) in question.

ARTICLE VIII DEBTS

8.1 The parties have no joint debts.

8.2 Each party shall be solely responsible for the debts listed on their respective financial affidavits, and neither party shall seek indemnification or contribution from the other.

ARTICLE X LEGAL COUNSEL, ATTORNEYS FEES AND COSTS

10.1 Both parties declare and acknowledge that each has had the opportunity to consult with independent counsel of his or her own selection on all matters pertaining to this agreement and the action for dissolution of marriage.   In the event that either party retains legal counsel at any time prior to and including the date of dissolution, each party shall be solely liable for his or her attorneys fees and costs.

10.2 In the event that either party shall hereafter be required to engage an attorney or institute legal proceedings to successfully enforce any right or to successfully enforce any compliance with any term or condition of this agreement, except where performance shall have been rendered impossible, it is understood and agreed that the moving party may seek an order of payment from the court for reasonable attorneys fees and costs from the other party incident to the engagement of an attorney or the commencement of such legal proceedings.

ARTICLE XI MUTUAL RELEASE OF MARITAL AND OTHER RIGHTS

11.1 Except as expressly provided in this agreement, each party hereby releases and relinquishes to the other party and to his or her heirs, executors, administrators or assigns, and any all claims or rights which may now exist or may hereafter arise by reason of the marriage between the parties with respect to any property, whether real, personal or mixed, or belonging to such party.   Without limiting the foregoing, each party waives and releases to the other party and to his or her heirs, executors, administrators and assigns, all right to share in any of the property or estate of the other party which has arisen or may arise hereafter by operation of law or otherwise, and specifically waives and releases all right of dower or curtesy and all right to share in the estate of the other party under the intestacy laws of any jurisdiction, and all right of election to take against any last will and testament of the other party, whether executed before or after the execution of this agreement, and all right to secure administrators or to act as executor or administrator of the estate of the other party.   It is the express intention and understanding of the parties that subsequent to the due execution of this agreement, there shall be left between them only such rights, privileges, duties and obligations as are specifically provided for in this agreement.

ARTICLE XII EXECUTION OF IMPLEMENTING DOCUMENTS

12.1 Each party shall at any time hereafter, on request, execute, seal, deliver, file or record such instruments or papers as the other party may reasonably require for the purpose of giving full effect to this agreement and to the covenants, agreements and conditions herein contained.

ARTICLE XIII ENTIRE AGREEMENT

13.1 There are no representations, warranties, conditions, promises or undertakings other than those set forth in this agreement, which contains the entire agreement of the parties.

ARTICLE XIV NON–WAIVER AND FORMALITY FOR MODIFICATION

15.1 No modification or waiver of any of the terms of this agreement shall be valid unless in writing and executed with the same formality as this agreement.   No waiver of any breach hereof shall be deemed a waiver of any subsequent breach of the same or similar nature.

ARTICLE XV MUTUAL GENERAL RELEASES

16.1 Each of the parties hereto, for himself and herself, for his or her heirs, executors and administrators, does hereby remise, release and forever discharge the other party, his or her heirs, executors and administrators, of and from all debts, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, agreements, promises, damages, judgments, extents, executions and demands whatsoever, in law or in equity, which against him or her, he or she ever had, now has, or which his or her heirs, executors and administrators can, shall or may have, for, upon or by reason of any matter, cause or thing from the beginning of the world to the day of the date of these presents, but nothing herein shall be deemed to impair the rights of either of the parties, his or her heirs, executors and administrators, arising from and by virtue of this agreement.

ARTICLE XVI WIFE'S NAME

17.1 Upon the entry of a judgment of dissolution of marriage, the Wife shall retain her name SUSAN KAUDER.

ARTICLE XVIII JEWISH DIVORCE DECREE (“GET”)

18.1 Upon the entry of a judgment of dissolution of marriage, Husband, at his own cost, shall obtain and deliver to Wife a Jewish divorce decree, known as a “Get.”

ARTICLE XIX MISCELLANEOUS

19.1 This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators and assigns.

19.2 It is understood and agreed that the provisions of each Article in this agreement are independent covenants and agreements and should any part or provision of this agreement be justifiably or excusably breached by any party, or be held to be valid, the remainder of this agreement shall nevertheless be deemed valid and binding upon the parties hereto.

19.3 Headings, descriptive titles and numerical paragraph designations shall in no way influence or affect the substantive rights of the parties as set forth in this agreement.

19.4 This agreement shall be governed and construed in accordance with the laws of the State of Connecticut.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year above first written.

Signed, sealed and delivered in the presence of.

LAWRENCE S. HILLMAN

SUSAN KAUDER

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