Janell Denis v. Matthew M. Denis (2012)

MEMORANDUM OF DECISION REGARDING MOTION TO REARGUE

The court issued a memorandum of decision dated October 24, 2012 addressing the three disputed issues the parties were unable to resolve.   The defendant filed a motion to reargue (148) and the court heard that matter on November 26, 2012.

I. The wife's teacher's pension versus the husband's Social Security retirement benefit

The court carefully considered and reconsidered this issue.   The court found then and continues to believe that it is just and equitable that the plaintiff wife should retain the entirety of her teacher's pension since the husband will necessarily retain the entirety of his Social Security retirement benefits.   Under this scenario, each will retain, intact, one retirement benefit.   Moreover, since the marriage was less than 10 years in duration, the wife will not even be able to take the benefit of the spousal portion of the husband's Social Security benefits.

II. Allocation of debt

The court attempted to allocate the marital debt equally without regard to the fact that the husband had already paid his attorneys fees and Guardian ad litem fees while the wife continued to owe $8,200.   The husband argues and the court agrees that under this scenario, he is in effect, being penalized for having paid his attorneys fees in advance, the wife is benefitting from not having paid her attorneys fees and the result is that the husband is paying all of his attorneys fees and 50% of her attorneys fees.   The court agrees that this is an unjust result.   Thus, the court will reallocate the debt as follows:  the wife shall pay 50% of the Citibank credit card ($8,234), the mileage payment on her lease ($2,500), the Lowes bill ($1,831) and the Toys R Us bill ($450) for a total of $13,015 plus her attorneys fees and GAL fees of approximately $8,200.   The husband shall pay 50% of the Citibank credit card ($8,234), the Sears bill ($889), the Citizen's loan ($2,500), the Macy's bill ($579) the Kohl's bill ($1,022) for a total of $13,224 plus his student loan of approximately $8,000.

Shluger, J.

Shluger, Kenneth L., J.