Gina Cimino v. Joseph Cimino (2013)

MEMORANDUM OF DECISION

The undersigned, having carefully reviewed the testimony, documentary evidence and relevant statutory criteria, finds the following facts and issues the following orders:

The parties were married in Hamden, Connecticut, on August 10, 1984.   The marriage has broken down irretrievably, with no hope of reconciliation.   Neither party is more at fault than the other party for the breakdown of the marriage.   Neither party was a recipient of state aid during the pendency of the marriage.   The plaintiff has resided in the State of Connecticut for at least twelve months prior to commencement of the instant action.   There are no minor children born issue of the marriage.   One child, Michael, date of birth April 17, 1995, is a student at Southern Connecticut State University in New Haven, Connecticut.   The plaintiff wife is not pregnant.   The court has jurisdiction.

The plaintiff, Gina Cimino, hereinafter referred to as “the plaintiff,” is in reasonably good health, although she is diabetic and has high blood pressure.   She is a fifty-four-year-old college graduate with a Master's degree in business administration.   The parties have stipulated that she has an earning capacity of $37,000.   She has not worked out of the home since the birth of her first child in 1990.

The defendant, Joseph Cimino, hereinafter referred to as “the defendant,” is also in reasonably good health.   He is also fifty-four years old and works full-time as a fraud technical advisor for the Internal Revenue Service.   He has been employed by that agency for thirty years.   His current annual salary is $119,548.00.   He has a thrift savings plan through his employment, with a current balance of $124,377.16, and a CSRS retirement fund, in lieu of social security, with a current balance of $147,000.00.

The parties jointly own the marital residence, located at 122 Opening Hill Road in Madison, Connecticut.   The current value of the home is $575,000, and it is not encumbered by a mortgage.   The defendant, along with members of his family, built the family residence.   The home requires substantial interior and exterior renovations.   During the pendency of this matter, the plaintiff withdrew $129,000.00 from joint family accounts.   She has spent all of the money.

The court, having heard all of the evidence presented at trial, the reasonable inferences drawn therefrom, and having reviewed the statutory factors enumerated in the Connecticut General Statutes, enters the following orders:

1.  The defendant shall have immediate, exclusive possession of the marital residence located at 122 Opening Hill Road, Madison, Connecticut.   The plaintiff shall vacate the premises with fourteen (14) days of the entry of judgment in the instant matter.   Within thirty (30) days of the entry of judgment in the instant matter, the plaintiff shall quit claim to the defendant all of her right, title and interest in the marital residence, which at such time the defendant shall pay the plaintiff one-half of the fair market value of $575,000, less closing costs, less half of any commission, less $129,000, which is the sum the plaintiff removed from the joint marital bank account(s) during the pendency of this action.   The defendant shall pay any and all costs and fees in connection with the preparation and/or filing of the quit claim deed as aforesaid, and shall hold harmless and indemnify the plaintiff therefrom.   Upon the filing of the quit claim deed, the defendant shall be the sole owner and occupier of the marital residence listed above, and shall be solely responsible for any and all expenses and liabilities related thereto, and shall hold harmless and indemnify the plaintiff from such liabilities and expenses thereto.

2. The defendant shall pay the plaintiff $600.00 per week alimony, until the death of either party, the wife's remarriage or cohabitation as defined by statute, or ten (10) years from the date of dissolution, whichever shall occur first.

3. The defendant shall continue to provide medical and dental insurance from his employment for the parties' son, Michael, until he graduates from college or attains age twenty-three (23), whichever occurs first, so long as the plan permits coverage.   The parties shall be equally responsible for Michael's college tuition, after application of all financial aid, grants, and scholarships.   The court will also retain jurisdiction regarding any post-secondary education orders for Michael.   Both parties will be responsible for maintaining their own medical insurance, and will each be solely responsible for their own insurance premiums and unreimbursed medical expenses.   The plaintiff shall be entitled to COBRA benefits under the defendant's policy, at her sole expense.

4. Each party shall retain sole ownership of their respective motor vehicles and shall be solely responsible for the expenses associated with the vehicle.   Specifically, the plaintiff shall retain the 2002 Subaru Forester, the defendant shall retain the 2003 Ford F–150 and the 1999 Subaru Legacy, and the parties will sign over the ownership of the 2002 Jeep Wrangler to their son, Michael.

5. The parties shall each retain sole ownership of their respective bank accounts as indicated on their individual financial affidavits.

6. The plaintiff shall retain sole ownership of the defendant's thrift savings plan and People's Bank IRA, as described on his financial affidavit and above, subject to a Qualified Domestic Relations Order (QDRO), if appropriate.   The defendant shall retain sole ownership of his CSRS retirement account as described above and in his financial affidavit.

7. Each party shall be solely responsible for the respective debts listed in their names on their individual financial affidavits.

8. The parties shall alternate claiming Michael as a tax exemption for so long as he is eligible, with the plaintiff claiming him in even years and the defendant in odd years.

9. Each party shall be responsible for his or her own legal fees in connection with this matter, and shall be equally responsible for any and all legal fees due to attorneys for the minor child and the guardian ad litem, if any, with the defendant receiving a credit for any and all fees paid to either or both attorneys.

10. The defendant shall retain his gold chain, wedding ring, diamond ring, all of the contents of his desk, the contents of his vehicle, all tools from the marital residence, and one-half of the personal property acquired during the marriage, including but not limited to property the plaintiff removed from the residence.   If the parties cannot agree on this division, the matter shall be submitted to binding arbitrations with Family Services.

11. The plaintiff shall retain her arts and crafts tools and equipment, the items she made with her arts and crafts and her business making wreaths and ornaments, and her wedding ring.

12. The marriage is hereby ordered dissolved.

GOULD, J.

Gould, Mark T., J.