Holley v. Holley

478 A.2d 1000, 194 Conn. 25, 1984 Conn. LEXIS 657
CourtSupreme Court of Connecticut
DecidedJuly 24, 1984
Docket11704
StatusPublished
Cited by51 cases

This text of 478 A.2d 1000 (Holley v. Holley) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holley v. Holley, 478 A.2d 1000, 194 Conn. 25, 1984 Conn. LEXIS 657 (Colo. 1984).

Opinion

Arthur H. Healey, J.

This case is an appeal by the plaintiff from the financial portions of a judgment rendered by the trial court dissolving his marriage to the defendant, Sandra M. Holley. Although the defendant initially opposed the dissolution, the trial court found that the marriage had broken down irretrievably; that ruling has not been contested by the parties. This appeal thus concerns only the trial court’s award of alimony and counsel fees to the defendant.

The trial court’s memorandum of decision discloses the following: The parties were married on August 14, 1966, and had one minor child who was born in 1974.1 At the time of trial, the plaintiff husband was a forty-six-year-old physician, having practiced as an obstetrician and gynecologist in the New Haven area since [27]*271965. Through his professional corporation, the plaintiffs annual income was approximately $100,000, a figure which included both his salary and contributions to various pension and profit-sharing plans. The defendant wife, who holds a Ph.D. in speech pathology, was earning approximately $23,000 per year as an associate professor of communication disorders at Southern Connecticut State College.

The financial affidavits of the parties disclose the following: The parties jointly owned a family home in New Haven valued at approximately $90,000. In addition to his one-half interest in the equity of their residence, valued at approximately $22,000, and his income, the plaintiff had accumulated substantial assets totaling approximately $280,000. The defendant’s sole asset was her one-half interest, valued at approximately $22,000, in the equity of their residence.

The trial court concluded that the marriage had broken down irretrievably and awarded joint legal custody of the minor child with sole physical custody in the defendant. Reasonable visitation rights were granted to the plaintiff. The court further awarded the defendant the plaintiff’s interest in the family residence; $15,000 in lump sum alimony and $10,000 to purchase an automobile; $35,000 annually in unallocated alimony and child support until the minor child reached the age of eighteen years, which would be reduced to $20,000 per year thereafter; and counsel fees of $7500.2

[28]*28Following the entry of judgment, the plaintiff filed a motion to reargue and set aside the judgment. The only portion of that motion relevant to this appeal is the plaintiffs claim that the court’s award represented “an unreasonably disproportionate division of assets.” At the hearing on this motion, the trial court heard the claims of the parties, including the effect of the existence of a custodial fund established for the minor child’s education. Although the parties had failed through inadvertence to disclose the fund’s existence during the earlier dissolution proceedings, this post-judgment motion was denied by the trial court.3

The plaintiff claims that the trial court erred in awarding the defendant: lump sum and periodic alimony, which allegedly represented an unreasonably high proportion of the plaintiff’s income and assets; permanent and continuing alimony in the annual amount of $20,000 after the minor child reaches the age of eighteen; and counsel fees, in view of the award of lump sum and periodic alimony. The plaintiff further claims that the trial court erred in refusing to alter the award of alimony and support after the existence of the custodial fund, established for the minor child’s future educational [29]*29needs, was disclosed to the court in the postjudgment hearing on the plaintiffs motion to reargue. We find no error.

“As has been repeatedly stated by this court, judicial review of a trial court’s exercise of its broad discretion in domestic relations cases is limited to the questions of whether the [trial] court correctly applied the law and could reasonably have concluded as it did.” Beede v. Beede, 186 Conn. 191, 194, 440 A.2d 283 (1982); see also Volante v. Volante, 180 Conn. 528, 530, 429 A.2d 964 (1980); Posada v. Posada, 179 Conn. 568, 572, 427 A.2d 406 (1980); Ayers v. Ayers, 172 Conn. 316, 321-22, 374 A.2d 233 (1977). “ ‘With respect to the financial awards in a dissolution action, great weight is given to the judgment of the trial court because of its opportunity to observe the parties and the evidence. Gallo v. Gallo, 184 Conn. 36, 50, 440 A.2d 782 (1981); Fattibene v. Fattibene, 183 Conn. 433, 442, 441 A.2d 3 (1981); deCossy v. deCossy, 172 Conn. 202, 204, 374 A.2d 182 (1977).’ Venuti v. Venuti, 185 Conn. 156, 161, 440 A.2d 878 (1981). Moreover, ‘the power to act equitably is the keystone to the court’s ability to fashion relief in the infinite variety of circumstances which arise out of the dissolution of a marriage.’ Pasquariello v. Pasquariello, 168 Conn. 579, 585, 362 A.2d 835 (1975); see Robinson v. Robinson, 187 Conn. 70, 72, 444 A.2d 234 (1982).” Anderson v. Anderson, 191 Conn. 46, 57, 463 A.2d 578 (1983).

We begin by addressing the plaintiffs claims challenging the trial court’s alimony award. The plaintiff claims that “[t]he combination of the $35,000.00 unallocated alimony and support, the future $20,000.00 alimony order and the amount of lump sum alimony awarded, in view of the award of the husband’s interest in the family home to the wife, was an abuse of discretion and unwarranted by the evidence.” The plaintiff contends that the trial court miscalculated the amount of funds [30]*30available to the plaintiff as present income and erroneously considered certain investment funds both as present available income and as assets “invested for the purpose of obtaining future income.”4 He claims that the trial court’s award of permanent and continuing alimony in the amount of $20,000 per year (to be payable on a monthly basis) after the parties’ minor child attains the age of eighteen would, in effect, deprive him of any retirement income. The plaintiff also claims that physicians who rely on manual skills typically lose some of those essential professional skills with increasing age, thereby rendering them unable to practice and causing them to suffer an attendant loss of income.

The defendant maintains, however, that through his professional medical corporation, the plaintiff had the ability to establish the salary drawn and any contributions made on his behalf to the pension and profit-sharing plans. She claims that the plaintiff thus possessed a substantial degree of control over the annual income immediately available to him.

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Bluebook (online)
478 A.2d 1000, 194 Conn. 25, 1984 Conn. LEXIS 657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holley-v-holley-conn-1984.