Cordone v. Cordone

752 A.2d 1082, 51 Conn. App. 530, 1999 Conn. App. LEXIS 19
CourtConnecticut Appellate Court
DecidedJanuary 19, 1999
DocketAC 16122
StatusPublished
Cited by11 cases

This text of 752 A.2d 1082 (Cordone v. Cordone) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cordone v. Cordone, 752 A.2d 1082, 51 Conn. App. 530, 1999 Conn. App. LEXIS 19 (Colo. Ct. App. 1999).

Opinion

Opinion

DUPONT, J.

The plaintiff in this action for dissolution of marriage appeals from the judgment of the trial court. She claims that the trial court improperly failed (1) to issue an order requiring the defendant to maintain life insurance as security for the payment of time limited alimony, (2) to issue an immediate wage withholding [532]*532order for the payment of alimony and (3) to award more than $3500 in counsel fees. We remand the case to the trial court with direction to issue a wage withholding order as required by General Statutes § 52-362 (b), and we affirm the judgment of the trial court in all other respects.

The following facts are necessary for a proper resolution of this appeal. The plaintiff and the defendant were married on May 23, 1970, and, at the time of trial, had no minor children. The trial court rendered judgment dissolving the marriage of the parties on June 4, 1996. The trial court found that the marriage had broken down irretrievably and that the defendant bore more responsibility for the breakdown than the plaintiff.

The trial court entered orders regarding property distribution, alimony and other miscellaneous matters. As part of the dissolution decree, the trial court ordered the defendant (1) to assign a 50 percent interest in his teacher retirement benefits to the plaintiff, (2) to provide, at cost, present health insurance coverage to the plaintiff for a period of three years, (3) to pay $450 per week periodic alimony for seven years and (4) to pay $3500 to the plaintiff as counsel fees.

I

The plaintiff first claims that the trial court improperly failed to issue an order requiring the defendant to maintain life insurance as security for the payment of periodic, time limited alimony. We disagree.

The standard of review of financial awards in dissolution appeals is well settled. “Our role as an appellate court is not to retry the facts of the case, substitute our judgment for that of the trial court, or articulate or clarify the trial court’s decision. ... In reviewing the trial court’s decision under [an abuse of discretion] standard, we are cognizant that [t]he issues involving [533]*533financial orders are entirely interwoven. The rendering of judgment in a complicated dissolution case is a carefully crafted mosaic, each element of which may be dependent on the other. . . . Sunbury v. Sunbury, 210 Conn. 170, 175, 553 A.2d 612 (1989); Mulholland v. Mulholland, 26 Conn. App. 585, 590, 602 A.2d 1054 (1992). When reviewing claims that the trial court abused its discretion in making these awards, every reasonable presumption should be given in favor of its correctness.” (Citation omitted; internal quotation marks omitted.) Puris v. Puris, 30 Conn. App. 443, 449, 620 A.2d 829 (1993).

General Statutes § 46b-82, which governs the award of alimony in dissolution cases, provides in relevant part that “[a]t the time of entering the [dissolution] decree, the Superior Court may order either of the parties to pay alimony to the other .... The order may direct that security be given therefor on such terms as the court may deem desirable, including an order to either party to contract with a third party for periodic payments or payments contingent on a life to the other party. . . .” (Emphasis added.) An order directing a party to maintain life insurance as security for alimony “is very often an appropriate and necessary component of a judgment of dissolution of marriage. Indeed, orders requiring the maintenance of life insurance have been approved on numerous occasions by our courts.” Michel v. Michel, 31 Conn. App. 338, 340, 624 A.2d 914 (1993).

The trial court articulated its decision that life insurance as security was not necessary to assure the payment of periodic alimony. It “concluded from the appearance, demeanor and past performance of the defendant, as well as his responsibility, job performance and steady work history that an allocation of life insurance as security for alimony was not reasonably necessary.”

[534]*534The plaintiff argues in her brief that security in the form of life insurance would provide her with resources should the defendant not survive the term of the alimony. She maintains that “[t]he trial court abused its discretion because it could not have reasonably concluded that [the plaintiff] needed a full seven years of alimony, and yet, that no security was necessary to ensure that she receives the support even if the defendant dies unexpectedly.” The plaintiff also claims that the court, in its articulation, improperly focused on factors unrelated to the purpose of securing payment of alimony with life insurance.

The ordering of security for alimony by a trial court is discretionary under the statute. Although some of the factors cited by the court in its articulation were not directly related to the issue of whether the plaintiff needed security for alimony in the event that the defendant died before the specified time, they were related to the probable ability of his estate to guarantee payment. More importantly, other factors make the trial court’s exercise of discretion proper.

As part of the dissolution decree, the defendant was awarded two individual retirement accounts in the combined amount of $22,000 and an annuity in the amount of $9000. The defendant was, at the time of judgment, insured through his place of employment under a life insurance policy with a face value of $120,000. He was forty-nine years old, in good health, enrolled in a doctoral program at Columbia University and employed as the assistant principal of West Haven High School. He is currently employed as an administrator with the West Haven board of education. Taking into account the factors listed in § 46b-82, including the defendant’s age, health, station, occupation, amount and sources of income, employability and estate, we cannot say that the trial court abused its wide discretion in failing to order security for alimony.

[535]*535II

The plaintiff next claims that the trial court improperly failed to issue an immediate wage withholding order, as required by General Statutes § 52-362 (b).1

The plaintiff claims that the trial court was required to issue an immediate wage withholding order2 because the court’s memorandum of decision was silent as to whether cause existed for ordering a contingent wage withholding.3 The plaintiff argues that such silence was tantamount to the issuance of a contingent order, without a finding of cause or an agreement of the parties that a contingent order should issue, which is not allowed under the statute. The defendant counters that the trial court need not articulate good cause for issuing a contingent wage withholding order and that, regardless, such cause did in fact exist. The defendant also argues that a requirement of § 52-362 (b) was not followed.

[536]*536Section 52-362 (b) mandates an immediate wage withholding order; see Emerick v. Emerick, 28 Conn. App.

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Cite This Page — Counsel Stack

Bluebook (online)
752 A.2d 1082, 51 Conn. App. 530, 1999 Conn. App. LEXIS 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cordone-v-cordone-connappct-1999.