Zoila Revatta v. Flavio Revatta (2013)

MEMORANDUM OF DECISION

The trial of the above matter was held on December 2, 2013, with both parties present and assisted throughout the proceedings by the Spanish-speaking interpreter.   The parties themselves were the only witnesses to testify.

FINDINGS

After hearing the testimony of the parties and reviewing the evidence, the court finds as follows:

1.  The court has jurisdiction over the matter and all statutory stays have expired.

2. The parties married on January 6, 1975 at Lima, Peru.

3. The plaintiff has resided in Connecticut for twelve months prior to the institution of this action.

4. There are no minor children of the marriage.   The parties have three children, all of whom are over the age of 23 years.

5. The marriage of the parties has broken down irretrievably, with no possibility of reconciliation.

6. Neither party has received financial assistance from the State of Connecticut.

7. The defendant bears a greater degree of responsibility than the plaintiff for the breakdown of the marriage.   In particular, his marital infidelity caused the level of trust between the parties to deteriorate, and his verbally aggressive behavior created a stressful condition in the home.

8. Based on the undisputed testimony of the plaintiff, the marital home consisting of the real property located at 206 Hubbard Road, Hartford, Connecticut, is determined to have a fair market value at the time of the hearing of $94,226.   Said property is encumbered by a mortgage held by People's United Bank having an unpaid principal balance of $63,317.28.   The approximate value of the parties' equity in the property is $31,000.

All pertinent criteria established by the Connecticut General Statutes and applicable case law were considered by the court in the entry of the Orders below.

ORDERS

Dissolution of Marriage

The marriage of the parties is dissolved on grounds of irretrievable breakdown.   The parties are declared to be single and unmarried.

Medical Insurance

Each party shall be responsible for his or her own health insurance and unreimbursed medical expenses.

Life Insurance

Each party shall retain all rights, free from any claim of the other, to any life insurance which may be provided or made available to such party by his or her employer.   Neither party currently has any other life insurance policy insuring his or her life, and neither is ordered to obtain any such life insurance.

Real Estate

The equity in the real property at 206 Hubbard Road, Hartford, Connecticut, valued in the total amount of $31,000, shall be shared equally by the parties as set forth herein.   The defendant shall quit claim to the plaintiff all of his right, title and interest in and to the real property, and except as otherwise provided herein she shall be solely responsible for all Costs associated therewith and shall hold the defendant harmless and shall indemnify him for any liability arising therefrom.  “Costs” for this purpose shall include the mortgage, taxes, hazard insurance, and utilities.   The plaintiff shall pay to the defendant the sum of $15,500, being one-half of said equity, within one (1) year after the date of this judgment.   The plaintiff shall make diligent efforts to refinance the property for the purposes of obtaining the funds for such payment and removing the defendant from liability on the existing mortgage within one (1) year from the date of judgment.   In the event she is unable to do so she shall list the property for sale at its fair market value with a MLS real estate agent familiar with real property values in the Hartford, Connecticut, area.   The plaintiff shall accept any bona fide offer within 5% of the listing price unless a higher bona fide offer is made prior to the expiration of such first offer, in which case the plaintiff shall accept such higher offer.   If the home is not sold within 45 days of the listing, the price shall be reduced in accordance with the recommendation of the listing agent.   Immediately upon the closing of the sale or refinance of the property, as the case may be, the plaintiff shall pay to the defendant from the proceeds thereof the said sum of $15,500.   The balance of the net proceeds shall belong solely to the plaintiff.

The defendant shall vacate the marital home within two months of the date of this judgment.   For so long as he continues to reside in the marital home, the defendant shall be responsible for payment of one-half of the Costs as hereinabove defined which are attributable to the period of his residence.   While residing in the home he shall also refrain from any physical or verbal abuse of the plaintiff.

The court shall retain jurisdiction over this matter for purposes of enforcing and effectuating the orders that enter herein with regard to the refinancing or sale of the marital home.

Alimony

Considering the causes of the dissolution of the marriage, the length of the marriage, the parties' ages, health and station, the amounts and sources of their respective incomes, and the other pertinent factors set forth in Section 46b–82 of the Connecticut General Statutes, the court orders the defendant to pay periodic alimony to the plaintiff in the amount of fifty ($50) dollars per week commencing on January 1, 2014 and continuing for a period of four (4) years.   Said alimony shall be modifiable as to both term and amount.   However, alimony shall terminate upon the sooner event of the death of either party or the remarriage of the plaintiff.   Said alimony shall be subject to the provisions of Connecticut General Statute § 46b–86(b).  The court makes no order of alimony payable to the defendant by the plaintiff.

Personal Property

1. The defendant shall retain as his own, free and clear of any claim or right of the plaintiff, the 2006 Honda CRCV in his name and listed on his financial affidavit.

2. The joint Webster Bank savings account (account number ending in 7441), having a balance of approximately $51,885, shall be disposed of as follows.   Within five (5) days after the date of judgment, the parties shall divide equally between them the entire balance in the account except for the sum of $5,000 which shall be left in the account.   Said sum represents the proceeds of a claim made under the hazard insurance policy covering the marital home for damage to the fence and basement.   The plaintiff shall be responsible for completing such repairs as soon as is practicable considering such factors as the weather and the availability of labor and materials, and said funds in the amount of $5,000 shall be used to pay the cost of the repairs.   Any funds remaining from the $5,000 after the repairs have been completed and paid for shall be promptly divided equally between the parties.

3. The joint Webster Bank checking account (account # ending in 1183), having a balance of approximately $2,400 at the time of the hearing, shall be kept open for the purpose of depositing the parties' equal contributions toward the Costs associated with the martial home and the payment of such Costs, until the defendant has vacated the property.   After the defendant vacates and the Costs attributable to the period of his residence have been paid in full, the remaining balance in the checking account shall be promptly divided equally between the parties.

4. Having testified that there is no other tangible personal property that he wishes to have, the defendant shall be entitled to take his clothing and personal accessories with him when he vacates the marital home.   The remainder of the tangible personal property in the marital home shall be the sole property of the plaintiff.

Retirement Assets

A. Defendant's Retirement Benefit Currently in Pay Status1. Findings

(a) The defendant is a member of the Connecticut Municipal Employees Retirement System (the Plan) as the result of his previous employment by the Hartford public school system.

(b) He has retired from said employment and is currently receiving a gross monthly pension of $830.70 under the Plan, which will be subject to cost-of-living adjustments on July 1 of each year.

(c) The Plan is a governmental retirement plan and, as such, is exempt, under Section 1003 of Title 29 of the United States Code, from the federal requirements of the Employee Retirement Income Security Act (ERISA) and the Retirement Equity Act as they pertain to a Qualified Domestic Relations Order (“QDRO”).   However, the Plan does provide for the division of pension benefits when it is so ordered by a court of competent jurisdiction in recognition of marital assets or child support obligations, providing such order is not contrary to Plan provisions.

2. Orders

(a) The court orders that the plaintiff as the Alternate Payee shall receive, by domestic relations order (DRO), and the defendant is directed to pay benefits to the Alternate Payee as a marital property settlement, an amount equal to fifty (50%) per cent of the defendant's gross monthly retirement benefit, as such payment may be adjusted in accordance with the Plan provisions.

(b) The plaintiff is ordered to cause her attorneys, Greater Hartford Legal Aid, at no cost to the defendant, to prepare such order as is required under the defendant's Plan so as to effectuate the forgoing orders.   Both parties and their counsel are ordered to sign all documents required to effectuate the forgoing orders so as to cause the commencement of benefit payments to the plaintiff as soon as is practicable after the date of this judgment.

(c) This court will retain jurisdiction to amend this order only for the purpose of establishing or maintaining its validity and enforceability under the Plan.

B. Plaintiff's Retirement Benefit From Hartford Hospital

The plaintiff shall retain all rights to all pension or retirement assets and benefits to which she is or may become entitled by virtue of her employment by Hartford Hospital, free and clear of any claim or right of the defendant.

C. Other Retirement Benefits

The defendant shall retain all rights to all pension or retirement assets and benefits to which he is or may become entitled by virtue of his employment by the West Hartford Board of Education, free and clear of any claim or right of the plaintiff.   Any retirement benefit or asset acquired by either party after the date of this judgment shall belong solely to the party so acquiring it, free and clear of any claim or right of the other party.

Liabilities

The plaintiff shall be solely responsible for the payment of the balance due on the Chase credit card listed on her financial affidavit, and she shall hold harmless and indemnify the defendant with respect thereto.

The defendant shall be solely responsible for the payment of the balance due on the Home Depot credit card listed on his financial affidavit, and he shall hold harmless and indemnify the plaintiff with respect thereto.

Except as otherwise provided herein, each party shall be responsible for his or her own debts and shall hold harmless and indemnify the other party with respect thereto.

Taxes

The parties shall file separate federal and state income tax returns for 2013 and all future years.   For as long as any order of alimony remains in effect, the parties shall annually exchange the first pages of their federal income tax returns and copies of all W–2 and 1099 forms issued to them.   This exchange of income information shall take place no later than May 1 of the calendar year following the year for which the returns are due, e.g. the returns and other information for 2013 shall be exchanged by May 1, 2014.

SO ORDERED.

BY THE COURT,

Albis, J.

Albis, Michael A., J.