Lake v. Lake

712 A.2d 989, 49 Conn. App. 89, 1998 Conn. App. LEXIS 264
CourtConnecticut Appellate Court
DecidedJune 16, 1998
DocketAC 16732
StatusPublished
Cited by16 cases

This text of 712 A.2d 989 (Lake v. Lake) 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
Lake v. Lake, 712 A.2d 989, 49 Conn. App. 89, 1998 Conn. App. LEXIS 264 (Colo. Ct. App. 1998).

Opinion

Opinion

HENNESSY, J.

The plaintiff, Daniel F. Lake, appeals from the judgment of the trial court dissolving his marriage to the defendant, Rose Marie Lake. He claims that the trial court improperly ordered him to obtain and to maintain life and medical insurance for the benefit of the defendant as part of the judgment of dissolution. We agree and reverse the judgment of the trial court in part.

I

The plaintiff first claims that the trial court did not have sufficient evidence before it regarding the cost and availability of life insurance and, therefore, in accordance with our holding in Michel v. Michel, 31 Conn. App. 338, 624 A.2d 914 (1993), the court abused its discretion in rendering an order that the plaintiff insure his life for the benefit of the defendant. In response, the defendant contends that General Statutes § 46b-82 allows the court to order either party to maintain life insurance for the benefit of the other in order to secure an award of alimony. In support of her argument, the defendant cites Papageorge v. Papageorge, 12 Conn. App. 596, 598, 533 A.2d 229 (1987), for the proposition that if there is a life insurance policy in effect at the time that dissolution orders are set forth, the court, as a matter of law, has sufficient information before it to order that the plaintiff obtain and maintain a life insurance policy on himself for the defendant’s benefit.

[91]*91Here, the trial court ordered the plaintiff to maintain life insurance in an amount of no less than $100,000, naming the defendant as the irrevocable beneficiary. The plaintiffs financial affidavit reflected that he had one life insurance policy in the face amount of $80,000. At the time of the dissolution, however, pursuant to the order of the court, he was required to liquidate the cash value of this policy and pay one half of the policy’s value to the defendant’s counsel.

Our standard of review is well settled. “We review financial awards in dissolution actions under an abuse of discretion standard. Rostain v. Rostain, 214 Conn. 713, 715-16, 573 A.2d 710 (1990).” Puris v. Puris, 30 Conn. App. 443, 449, 620 A.2d 829 (1993). “In order to conclude that the trial court abused its discretion, we must find that the court either incorrectly applied the law or could not reasonably conclude as it did. Beede v. Beede, 186 Conn. 191, 194, 440 A.2d 283 (1982).” Sweet v. Sweet, 190 Conn. 657, 664, 462 A.2d 1031 (1983).

The pivotal issue in this appeal is whether the court had sufficient evidence before it regarding the cost and the availability of the life insurance that it ordered the plaintiff to obtain and to maintain for the defendant’s benefit. We conclude that the resolution of this issue is controlled by Michel v. Michel, supra, 31 Conn. App. 338. In Michel, we held that “the trial court, in its commendable desire to ensure that funds would be available for the support of the defendant . . . attempted to make a fund available for that purpose through the vehicle of life insurance. Such an order 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. See Leo v. Leo, 197 Conn. 1, 495 A.2d 704 (1985); Wolk v. Wolk, 191 Conn. 328, 464 A.2d 780 (1983); Broaca v. Broaca, 181 Conn. 463, 435 A.2d 1016 (1980); Mauro v. Mauro, 16 Conn. [92]*92App. 680, 548 A.2d 471 (1988); Papageorge v. Papageorge, [supra, 12 Conn. App. 533]. In each of these cases, however, it is important to note that the life insurance policy was in existence at the time of the judgment. The trial court in each of these cases, therefore, had available to it all of the information necessary to craft an appropriate order regarding such insurance. . . . Without knowing the availability of such insurance, the trial court has entered an order with which the plaintiff may not be able to comply. . . . Under these circumstances, we must conclude that the court’s order regarding life insurance lacks a reasonable basis in the facts.” Michel v. Michel, supra, 340-41; see also Wolf v. Wolf, 39 Conn. App. 162, 171-72, 664 A.2d 315 (1995).

In the present case, there was no evidence before the trial court regarding the cost to the plaintiff of obtaining and maintaining life insurance in the amount of $100,000, or whether such insurance is available to the plaintiff. Pursuant to our decision in Michel, this evidence was requisite to the trial court’s determination that the plaintiff obtain and maintain a life insurance policy.

II

The plaintiffs second claim is that the trial court improperly ordered that he maintain medical insurance for the benefit of the defendant as long as the plaintiff is obligated to pay alimony.1 We agree.

[93]*93The trial court had the testimony of both the plaintiff and the defendant along with their respective financial affidavits before it for consideration. The extent of the evidence that was proffered regarding medical insurance was limited to the defendant’s testimony that she had recently “gone through some [medical] exams” and “everything came back negative.”

There was no evidence of the availability of medical insurance or its cost. Therefore, the evidence before the court did not allow it to evaluate the ability of the plaintiff to comply with the order to obtain and to maintain medical insurance for the defendant. On April 17, 1997, the plaintiff filed a motion for articulation requesting, inter alia, that the trial court articulate its basis for the order of medical insurance. This motion was denied by the trial court and the plaintiff filed a motion for review with this court. We granted review but denied the relief that was requested by the plaintiff.

The defendant relies on Damon v. Damon, 23 Conn. App. 111, 114, 579 A.2d 124 (1990), wherein this court upheld a trial court order that the husband provide lifetime alimony and lifetime maintenance of medical insurance for his wife. In Damon, this court made no mention of the availability, cost or insurability as prerequisites for an order requiring the maintenance of medical insurance. The defendant contends that Damon supports the proposition that no such prerequisites are required here. We disagree.

The facts in Damon differ from those in the present case in that, in Damon,

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Bluebook (online)
712 A.2d 989, 49 Conn. App. 89, 1998 Conn. App. LEXIS 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lake-v-lake-connappct-1998.