Mark Francis v. Angela Francis (2014)

MEMORANDUM OF DECISION

This dissolution of marriage action was commenced by the plaintiff, Mark Francis, against the defendant, Angela Francis, by summons and complaint dated December 21, 2012 and returnable to this court on January 8, 2013.   The case was tried before the court on October 17, 2013.

Both parties were represented by counsel.   The court heard testimony from both parties.   The parties made stipulations which are incorporated into the findings of this court.

Family History

The parties have been married for twenty-eight years but have lived separately for the last five years of the marriage.   The parties have two children together, twin girls, Riyan and Morgan born in 1990.   The twins were twenty-three years old at the time of the trial.   The twins required many surgeries as they developed which impacted the family emotionally and financially.

The parties were able to provide a stable home environment, education and support for the children allowing them to attend college.   The plaintiff completed college and has a career as a law enforcement officer in Windsor, CT. The defendant, who completed several years of college, worked in various careers including as a paralegal and business center manager.   The plaintiff enjoys fair health as do the adult children.   The defendant has a diminished health capacity which requires medication and monitoring.   The defendant is able to maintain employment and activities of daily living.

The plaintiff claims that the marriage broke down due to irreconcilable differences.   Both parties agree that the marriage has passed the point of reconciliation.   Both parties testified at the trial and are amicable on many elements of this dissolution.

Alimony

In determining whether to award alimony and the duration and the amount of the award, the court “shall consider the length of the marriage, the causes for the dissolution of the marriage ․ the age, health, station, occupation, amount and sources of income, vocation skills, employability, estate and needs of each parties and the award, if any, which the court may make pursuant to section 46b–82.”

The plaintiff is seeking one dollar in alimony annually.   The defendant's proposed orders requests $500 per week for 14 years, modifiable with change of circumstances.   Each party agrees that the plaintiff shall have an annual additional amount over current income of $40,000, without the increase triggering a change in circumstance.   The plaintiff's proposed orders suggests $500 per week for the first 5 years and then $400 for 7 years resulting in a total payment period of 12 years.

The plaintiff's proposed orders include a request for social security payments as well as his retirement event as a change of circumstances.   The orders which follow will fully respond to special requests articulated in the proposed orders.

Real Estate

The plaintiff proposes the parties split the equity in both homes and that he take up residence at 19 Bidwell and the defendant reside at 1089A Blue Hills Ave. The defendant agrees to her retaining ownership of the condo but proposes it be free from any mortgage or encumbrances.   The appraisal and value is agreed upon by both parties.   Total value of real estate is $255,000.

Stipulation

The parties have two (2) homes which were purchased during the marriage.   A condominium located at 1089A Blue Hills Avenue, Bloomfield, CT and a house at 19 Bidwell Parkway, Bloomfield, CT. The plaintiff is currently residing in the Blue Hills Avenue residence.   The parties have stipulated based on the appraisal that the equity in this property is $37,000 and the value is $50,000.   The house at 19 Bidwell Parkway, Bloomfield, CT in which the defendant currently resides with one twin, also has an unoccupied in-law apartment in the basement.   The parties have stipulated that the equity in this property based on appraisal is $155,000 and the value is $205,000.

Findings

Upon careful consideration of the evidence presented and the applicable statutory law, as well as relevant case law, and having fully observed the demeanor of the parties at the time of trial, the court makes the following findings and conclusions of law.

Jurisdiction

The plaintiff married the defendant on September 7, 1985 in Hartford, Connecticut.   Both parties have lived in Connecticut continuously for the last year.   All statutory stays have expired.   The court has jurisdiction over this matter.

Dissolution

The marriage of the parties has broken down irretrievably with no possibility of reconciliation.   The allegations of the complaint are proven as true.   The defendant is not currently pregnant and the children born of this marriage have reached the age of majority.   The court finds that neither party bears greater responsibility than the other for the breakdown of the marriage.

Retirement Assets

The defendant is a contributor to the U.S. Social Security system and as such is entitled to benefits in the future, value undetermined.   The plaintiff contributes to a Municipal Employees Retirement (MERS) system, value at $169,020 and is not eligible for social security benefits.   The plaintiff also has a 457 account, estimated valued at $69,420.   A qualified domestic relations order (QDRO) is needed to determine valuation and effectuate the court orders below.   The parties will share in the cost of the evaluation and filing.   Social Security benefits are not marital property subject to distribution in a dissolution case.   Many courts have considered the fact that one party shall receive benefits and the other will not in establishing parameters for modification and change of circumstance under Connecticut General Statutes § 46b–86.   In this case, based on the evidence and testimony of the parties, the court finds that distribution of social security benefits shall be an event by which either party can seek modification of alimony.

Other Assets

Each party has bank accounts and motor vehicles which they are maintaining.   Plaintiff is found to have cash on hand in the amount of $3,700.   The defendant is found to own a motor vehicle, Isuzu Trooper, valued at $2,650 and cash on hand of $50.   The court finds the limited savings, debt and other assets are the responsibility of each party.

ORDERS

The parties are declared single and unmarried.   Defendant's name remains the same.

Health Insurance

Each party shall be responsible for their own health insurance.   The plaintiff shall provide information to the defendant if COBRA insurance is available to her.   The defendant will be responsible for all cost of COBRA insurance.

Alimony

The court orders the plaintiff to pay periodic alimony to the defendant in the amount of $425.00 per week commencing on the 7th day of March 2014.   Payment shall be due each and every Friday or bi-weekly on Friday.   Plaintiff is to make final decision.

The court orders the defendant to pay to the plaintiff alimony in the amount of $1.00 per year commencing March 31, 2014 and due annually.   Alimony shall terminate upon the death of either party, remarriage of the defendant or in the event of defendant's cohabitation in accordance with CGS § 46b–86(b).  Alimony shall be taxable income to the recipient and shall reduce the gross income of the payor.   Alimony is not modifiable as to term but is subject to statutory modification as to amount based on CGS § 46b–86.   Either party may file a motion seeking modification based on a substantial change in circumstances including but not limited to plaintiff's retirement or defendant's collection of social security benefits.   The plaintiff will be allowed to earn an additional sum of $40,000 per year and the defendant will be allowed to earn an additional sum of $25,000 per year without the increased earnings amounting to a change in circumstances giving rise to a modification pursuant to CGS § 46b–86(a).   The above additional income shall be inclusive of bonuses or incentive.

Real Property

The plaintiff shall retain ownership of 19 Bidwell Parkway in Bloomfield.   The defendant shall transfer all her rights, title and interest in the marital home by executing and delivery of a quitclaim deed to that effect.   Said deed to be recorded at the expense of the plaintiff.

The defendant shall retain ownership of 1089A Blue Hills Ave. in Bloomfield.   The plaintiff shall execute a quitclaim deed transferring his rights, title and interest to that effect.   Said cost of recording at the expense of the defendant.

Real Property Lump Sum Payment

The equity in both properties valued by assessment is found to be $192,000.   The defendant shall receive from the plaintiff half the equity of the two marital homes.   The sum of $59,000 is owed from the plaintiff to the defendant in a lump sum payment.

No later than 60 days from the date of this dissolution, the plaintiff shall give the defendant notice of lump sum payment to facilitate transfer of title and vacating of marital homes.

The plaintiff shall be entitled to claim any mortgage interest and taxes on both residences for the years 2012, 2013 and until title is transferred in year 2014.   The plaintiff has paid the majority of the household expenses for the properties since this action was commenced.   The plaintiff shall continue to pay household expenses at the same rate as the time of trial and until the title to both properties is completed.   The properties shall be vacated no later than 30 days after notice.   Both parties are to complete transfer documents and payment at an agreed-upon location.   Each property shall be maintained and transferred free of occupants and in good condition.   Each party shall hold harmless the other party at time of transfer.   Each party shall be responsible for any mortgage thereafter.   The court retains jurisdiction over real property.

Pension

The plaintiff's MERS plan shall be divided with plaintiff receiving 60% of the fund and the defendant receiving 40% of the fund, valued at the date of dissolution.   At the time of retirement, the plaintiff shall elect the straight life annuity which will provide the maximum monthly benefit.

The division of plaintiff's 457 deferred plans shall be as follows:  plaintiff shall retain 60% and the defendant shall receive 40% valued at the time of dissolution.   The parties shall hire an attorney to prepare a QDRO. The cost of preparation and filing shall be divided evenly.   The court shall retain jurisdiction over pension plans

Social Security

The defendant is to notify the plaintiff of distribution of social security benefits no later than 30 days after first payment.   Once benefits commence, entitlement documents shall be provided to plaintiff annually no later than 30 days after receipt of annual summary.

Counsel Fees

Each party shall be responsible for their own attorney fees.

Life Insurance

Each party shall be responsible for their own life insurance

Personal Property

Neither party is seeking a division of personal property.   The parties have lived separately for five years;  any outstanding property shall be divided by the parties at date of transfer of real estate.   Each party will hold the other harmless for any encumbrances on personal property.

Debts

Each party is responsible for their own debts and expenses.

SO ORDERED.

BY THE COURT,

Johnson, J.

Johnson, Stewart, J.