Valerie O'Halpin v. James O'Halpin (2012)

MEMORANDUM OF DECISION

The parties intermarried in New York City, New York on May 7, 1989.   At least one party resided continuously in the state of Connecticut for twelve (12) months preceding the date that this action was commenced.   There are no children of this marriage.   The evidence indicates that the marriage has irretrievably broken down.   Judgment may enter dissolving the marriage on that ground.

The wife, age 62, is in good health although she mentioned that she has or has suffered from Lyme's Disease.   No medical documentation was offered to the Court.   Mrs. O'Halpin was gainfully employed in her own fashion manufacturing business until 1999 at which time she sold the business.   She has not worked since that date.

The husband, now in his mid seventies, is retired and reports no health problems.   He owned his own business until retiring in 2004.   At that time, he participated in a buyout of $1,300,000.00.

Since that time, the parties lived largely in excess of their means.   They lavished themselves with home furnishings and world travel at least twice per year with trips costing anywhere between $10,000.00 and $69,000.00 for two to three weeks.

To the extent that Mrs. O'Halpin “drove” the overreaching lifestyle, and to the extent that Mr. O'Halpin enabled the same, the court finds that each party must bear equal responsibility for the failure of the marital relationship.

The parties impressed the court as being respectful, intelligent, and articulate.   Unfortunately due to the length of this case, and the inability of the parties to come to an agreement, both parties have spent nearly all of the marital assets.   More specifically, the parties have amassed more than $500,000.00 in attorneys fees alone.

It remains for the court to divide the remaining marital assets.   The Court has carefully considered the criteria set forth in Conn. Gen.Stat. §§ 46b–62, 46b–81 and 46b–82, in reaching the decisions reflected in the orders that follow.

The following orders may enter:

1. Alimony

Neither party is awarded alimony from the other, now or at any time in the future.

2. Real Property

The marital residence located at 2297 Long Ridge Road, Stamford, shall be listed for sale IMMEDIATELY with a mutually agreeable licensed real estate broker.   The property is to be sold as soon as practicable.

The parties shall also mutually agree on an attorney to handle the closing.   Should the parties not be able to agree, the closing attorney shall be chosen by the parties' realtor.

The parties shall accept the real estate broker's advice as to the initial current listing price.   The parties shall accept a bona-fide offer from an unrelated third party within five (5) percent of the then current listing price.   An offer shall not be considered bona fide if it requires seller financing, a Hubbard clause or unreasonable credits/give backs.   THE PARTIES SHALL REDUCE THE LISTING PRICE NO LESS THAN 3% EVERY FORTY–FIVE (45) DAYS UNTIL SUCH TIME AS THE PROPERTY IS SOLD.

Until the property is sold, Mrs. O'Halpin shall be entitled to reside in the residence.   Mr. O'Halpin shall pay the mortgage real property taxes and homeowner insurance until the property is sold.   Routine maintenance and upkeep to the home shall be shared equally by the parties.   All other expenses shall be the sole responsibility of the plaintiff Mrs. O'Halpin.

The net proceeds after payment of all mortgages, liens and the usual and customary expenses of sale (conveyance taxes, brokers' fees, attorney fees) are to be held in escrow and subsequently divided equally between the parties.

The court shall retain jurisdiction over the sale of the family residence.

3. Pension

The defendant shall pay to the plaintiff one-half (1/2) of his interest in the International Sheet Metal Worker's Pension and the Local 28 Pension, subject to the QDRO of fifty (50) percent of the International Sheet Metal Worker's Pension required pursuant to the Separation Agreement between Virginia M. O'Halpin and James J. O'Halpin dated January 27, 1988.

4. Remaining Assets

a. The parties reached agreement regarding all personal possessions in the home with the exception of six (6) items.   Mrs. O'Halpin may retain the dressing table, chair and lamp in the bedroom.   Mr. O'Halpin is to receive the tall floral and bird mirror, the two (2) drawer dresser, the brass firescreen hanging above fireplace, dining room hutch and (2) matching white chairs by bay window.

b. Each party shall retain his or her respective automobile.   The fees due on the Mercedes–Benz driven by plaintiff for late turn-in of lease and excess mileage are to be paid by Mrs. O'Halpin.

c. All other assets consisting of bank accounts, securities, IRAs and other assets not specifically mentioned herein are to be divided equally between the parties.

5. Liabilities

Unless otherwise specified herein, each party shall be solely responsible for liabilities reflected on his or her respective financial affidavits, and so indemnify and hold harmless the other party.

The defendant Mr. O'Halpin will be solely responsible for dental bills accrued as of the end of evidence in this case, accrued and/or paid by Mrs. O'Halpin relating to the 2009 injury.   If repayment has not yet been made, defendant is to reimburse either the dentist or Mrs. O'Halpin, as the case may be subject to the submission of clear documentary evidence of liability.

6. Attorneys Fees

Each party shall be solely responsible for his or her own counsel fees incurred in connection with this action.

7. Tax Returns

The parties shall file separate tax returns for calendar years 2010 to present.

8. Medical, Dental and/or Other Health Insurance

Each party shall be responsible for his or her own medical, dental and/or other Health Insurance.

9. Life Insurance/Long–Term Care Insurance

Each party shall be responsible for his or her own Life and/or Long–Term Care Insurance.

EMONS, J.

Emons, Jane B., J.