Elaine Lupoletti v. Roger Lupoletti (2012)

MEMORANDUM OF DECISION

On March 31, 2011, a Writ, Summons and Complaint,¹ together with a Statement of Automatic Court Orders was served upon the defendant, Roger Lupoletti, in hands.   The complaint alleged, inter alia, that the marriage of the parties has broken down irretrievably without prospect of reconciliation.   The complaint sought a dissolution of marriage, alimony, and a fair distribution of assets.   On July 6, 2011, the defendant filed an Answer and a Cross Complaint.   The defendant's answer admitted that the marriage has broken down irretrievably without likelihood of reconciliation and sought a dissolution of marriage, an equitable distribution of assets and any other relief the defendant may be entitled in law or in equity.

The court has considered all of the evidence presented to it and carefully considered the respective criteria for orders of alimony, health insurance, and property settlement.   The court makes the following findings of facts and orders.

The parties were married on October 13, 2001, in Bolton, Connecticut.   The parties have lived in Connecticut for more than 12 months prior to the filling of this action.   All statutory stays have lapsed.   The court has jurisdiction over the marriage.   No children have been born to the wife since the date of the marriage.   The parties have not received state or municipal assistance.   The court finds that the marriage between the parties has broken down irretrievably and there is no reasonable prospect of reconciliation.

The plaintiff is fifty-seven (57) years old and in good health.   During the course of the marriage, the plaintiff worked for the family business as an administrative assistance and was earning approximately $1,000 per week.   In October of 2011, she stopped working for the family business.   She received three months severance pay and started collecting unemployment.   The plaintiff is currently underemployed earning $155 gross per week as a critical care technician at Johnson Memorial Hospital.   Her current work schedule is one, twelve hour shift;  however, she expects her hours to increase in the future.   She earns $12.95 per hour.   She also receives unemployment benefits for a net weekly income of $511.   She hopes to go back to school and earn a licensed practical nurse degree.

The plaintiff continues to reside in the marital home with the defendant.   The plaintiff lists in her March 20, 2012, financial affidavit $900 in total weekly expenses.   She includes as her expenses the mortgage and other household expenses;  however, she is not currently contributing financially towards them.   The plaintiff has a 2002 Jeep Wrangler with an approximate value of $2,000;  a Peoples United Bank account with an approximate value of $3,900;  and an Enfield Federal Credit Union account with an approximate value of $20.   She owes $4,583 to a Capital One credit card.   The plaintiff also lists in her financial affidavit a Kubota tractor with an approximate value of $17,000.   The tractor, however, is part of the family business.

The defendant is 52 years old and in good health.   He graduated high school and attended some vocational school.   He is certified in mold, water and fire damage remediation.   He worked for his father's Servpro franchise business.   The work consisted primarily of fire and water cleanup and restoration.   The family business is no longer a Servpro franchise and is doing business independently as R & R Cleaning and Restoration.   When the parties married, the defendant owned eighteen shares of the family business.   The defendant now owns eighty shares of the family business.   The defendant's ownership interest in the family business is approximately $288,000.

The defendant's financial affidavit dated March 20, 2012, shows that he earns $1,086 total net weekly income.   He has $956 in total weekly expenses.   The defendant lists as his sole property a Stafford Savings Bank checking account with an approximate balance of $685 and a Webster Bank checking account with an approximate balance of $900.   He also has a Stafford Bank joint checking account with an approximate balance of $380, a Webster Bank joint savings account with an approximate balance of $5, a Rockville Bank joint savings account with an approximate balance of $300, and a First Niagara Bank joint checking account with a balance of $6. The defendant owes $6,500 to his attorney.

When the parties married, the plaintiff owned a home in Bolton, Connecticut.   The defendant went to live with her there.   In August 2005, the plaintiff sold the Bolton home and received $90,000 from the sale.   The plaintiff used some of the money from the sale of her home and the parties jointly purchased land in Stafford Springs.   The parties jointly built a home on the land.   The marital home is located at 85 Willington Avenue, Stafford Springs, Connecticut.   The home is approximately valued at $269,000;  however, there is a mortgage on the property in the amount of $268,763.   There is no equity in the home.

In addition to the marital home, the parties have three time shares with unknown values.

The plaintiff claims the reasons for the breakdown of the marriage is that the defendant has a short temper and that he has been emotionally and physically abusive.   There is no credible evidence to support such claims.   The defendant claims that the plaintiff was constantly accusing his father of stealing money from the business and that she was constantly complaining about the defendant's father.   After considering all the evidence presented by both parties, the court finds that the marriage broke down because the parties could not get along with each other and neither one is at greater fault for the breakdown of the marriage.

ORDERS

After considering all the statutory criteria set forth in Connecticut General Statutes Sections 46b–66a as to conveyance of real property;  46b–81, as to assignment of property and transfer of title;  46b–82, as to the award of alimony;  together with applicable case law and the evidence presented here, the court hereby enters the following orders:

Dissolution of Marriage

A decree dissolving the marriage, on the grounds of irretrievable breakdown, shall enter.

Alimony

The defendant shall pay the plaintiff $200 per week in alimony.   Alimony shall terminate upon the death of either party, the plaintiff's remarriage or three (3) years from date of judgment whichever shall first occur.   Alimony shall be modifiable as to amount only.

Division of Assets

1. Real Property

The plaintiff shall quitclaim the marital home located at 85 Willington Avenue, Stafford Springs, Connecticut to the defendant within thirty days of judgment.

The defendant shall refinance the existing mortgage within six months of judgment.

The defendant shall transfer to the plaintiff $70,000 in a lump sum property settlement within six months of judgment.

2. Time Shares

The plaintiff shall transfer to the defendant all of her interests in the three time shares jointly owned.

3. Motor Vehicles

The plaintiff shall keep as her sole property the 2002 Jeep Wrangler listed on her financial affidavit.

The Kubota tractor shall be the sole property of the defendant's business.

4. Bank Accounts

The joint bank accounts shall be closed and any proceeds shared equally.   The parties shall retain their individual bank accounts.

Health Insurance

Each party shall be responsible for their own health insurance.

Business Property

The business known as R & R Restoration and Cleaning shall be the sole property of the defendant.

Attorney's Fees

Each party shall be responsible for their own attorneys fees.

Suarez, J.

FOOTNOTES

FN1. The complaint has a return date of April 26, 2011..  FN1. The complaint has a return date of April 26, 2011.

Suarez, José A., J.