Rajesh Narayan v. Tracy Ann Narayan (2012)

MEMORANDUM OF DECISION

The plaintiff husband initiated this action by way of a complaint filed on December 16, 2010, seeking the dissolution of the parties' marriage, based on irretrievable breakdown.   A fully contested trial was held before the undersigned on February 10, 2012.   Each party testified and was represented by very competent counsel.

The court has fully considered the criteria of Connecticut General Statutes, including but not limited to, §§ 46b–81, 46b–82, and 46b–62 as well as the evidence, applicable case law, the demeanor and credibility of the parties and arguments of counsel in finding the facts and in reaching the decisions reflected in the orders that issue in this decision.

FINDINGS OF FACT

The court finds that it has jurisdiction of this matter and that all statutory stays have expired.   The plaintiff resided continuously in the state of Connecticut for at least one year prior to filing this action.   Neither party has received state or local financial assistance during the marriage.   The allegations in the complaint have been proven and are true.   The marriage has broken down irretrievably with no hope of reconciliation.   This court also finds the following by a fair preponderance of the evidence:

The parties were married in Bismark, North Dakota on June 12, 1999.   They subsequently celebrated their marriage through a marriage ceremony in the plaintiff's country of origin in India.   There are no children born to or adopted by the parties.

The plaintiff is 43 years of age.   He is a software engineer who has a Bachelor's degree in Engineering.   As previously noted, he is originally from India and was sponsored by the defendant in order to gain legal residency in the United States.

The defendant is 52 years of age.   She graduated from high school but has no advanced degrees.   Prior to their marriage, the parties cohabitated for one and one-half years.   At the time they married in 1999, the defendant was employed as an office manager for the North Dakota Office of Tourism.   She left her job when she relocated with the plaintiff to Boston.   In Boston, she was employed as a flight attendant and as an administrative assistant and she solely supported the family during the plaintiff's two brief periods of unemployment.

The defendant has suffered from major health issues including Necrosis where she ultimately lost a kidney and she suffered a miscarriage in 2006.   She is also a long-term alcoholic and suffers from depression, both conditions of which the plaintiff was unaware when he married her.   The defendant has been in and out of alcohol rehabilitation programs at least six or seven times during the marriage and has not been successful with any long-term rehabilitation.   In fact, the defendant had just left treatment two months prior to trial.

The plaintiff is self-employed and earns $2,250.00 net weekly income.   His job has involved extensive travel which the defendant believes has exacerbated her difficulties in maintaining sobriety.   He currently resides in Seattle, Washington and rents a house from friends.   The defendant is currently unemployed.   She received inheritance monies in 2006 in the amount of $50,000.00 of which $30,000.00 remains in a money market account.

In 2007, the defendant was arrested for a domestic violence incident against the plaintiff.   The parties separated in 2008 and the plaintiff has financially supported the defendant since that time by sending her as much as $3,000.00 per month.   This sum contributed to the family home maintenance in Georgia where the defendant resided and to the defendant's living expenses until the home was subsequently sold at a loss.   The plaintiff paid $30,000.00 at the time of closing to complete the sale.   The plaintiff has also continued to pay for the defendant's rehabilitation programs and flew her to Ft. Lauderdale, Florida for her most recent rehabilitation program.   Finally, although separated for over three years, the plaintiff prepaid $12,000.00 for the defendant's rent through June 2012.

ORDERS

The court has fully considered the statutory criteria set forth previously and has carefully weighed the factors required when determining alimony including, but not limited to, causes of the breakdown of the marriage, the health of the parties, and the ability of each party to acquire future assets.   This court has found both parties to be very credible in their respective testimonies.

This is indeed a very sad family history for both parties.   While it is true that the plaintiff has benefited from the defendant's sponsorship that insured his United States residency status, he has been unfailing in his financial and emotional support of the defendant throughout her health issues, a tragic miscarriage, and, thus far, her unsuccessful efforts to battle alcoholism.   This court finds that the primary cause of the breakdown of the parties' marriage has been the defendant's alcoholism.

After careful consideration, this court dissolves the marriage on the ground of irretrievable breakdown.

1. Alimony

The plaintiff shall pay to the defendant alimony in the amount of $300.00 per week through the month of June 2012.   On July 1, 2012, the plaintiff shall pay the defendant $550.00 per week for a period of four years.   This amount is premised upon the defendant having a minimum wage earning capacity.   The alimony is taxable to the defendant and deductible by the plaintiff.   The alimony is modifiable as to amount upon a substantial change in the parties' circumstances, including cohabitation as defined by statute.   The alimony is non-modifiable as to term and shall terminate upon the death of either party or remarriage of the defendant.

The parties shall exchange federal and state income tax returns annually.

2. Health Insurance

The plaintiff shall continue to maintain health insurance for the defendant's benefit for a period of one year at his expense or until the defendant is eligible for employment provided insurance, whichever shall first occur.

3. Property Distribution

Bank accounts.   Each party shall retain their respective bank accounts free of any claim of the other.

Vehicles:  The parties shall each retain their own vehicles and shall execute any documents necessary to transfer title and registration to the other party.   They shall each be responsible for any debts on their respective vehicles.

Inheritance:  The parties shall retain any inheritance that they have or will receive in the future.

Retirement accounts:  The plaintiff shall transfer by Qualified Domestic Relations Order, $35,000.00, from the Fidelity 401K to the defendant.

4. Tax filings

The parties shall file their income taxes for tax year 2011 in the best way that minimizes the parties' tax liability.   Should that manner be to file separately, the plaintiff shall be entitled to claim any deductions or losses related to the sale of the residential property in Georgia.   Should the parties file jointly, they shall divide any refund equally.   The plaintiff shall assume any deficiency.

5. Mortgages, Loans and Credit Card Liabilities

The plaintiff shall be responsible for any loans and credit card debts listed on his financial affidavit, holding the defendant harmless with respect to those liabilities.   The defendant shall be responsible for any loans and credit card debts listed on her financial affidavit, holding the plaintiff harmless with respect to those liabilities.

6. Attorneys Fees

Each party shall be responsible for their own attorney's fees, costs and expenses of litigation.

7. Change of name

The defendant's name of Harris shall be restored to her.

SO ORDERED.

BY THE COURT,

Prestley, J.

Prestley, Linda Pearce, J.