Lawler v. Lawler

547 A.2d 89, 16 Conn. App. 193, 1988 Conn. App. LEXIS 350
CourtConnecticut Appellate Court
DecidedSeptember 13, 1988
Docket5702
StatusPublished
Cited by26 cases

This text of 547 A.2d 89 (Lawler v. Lawler) 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
Lawler v. Lawler, 547 A.2d 89, 16 Conn. App. 193, 1988 Conn. App. LEXIS 350 (Colo. Ct. App. 1988).

Opinion

Norcott, J.

The plaintiff appeals, challenging the financial orders rendered by the trial court incident to the judgment dissolving his marriage to the defendant. He claims that the trial court erred (1) in providing for automatic increases in periodic alimony payments reflecting cost-of-living increases without requiring a showing of a change in circumstances, (2) in concluding that the plaintiff had access to certain business [194]*194income and in rendering orders based on that determination, (3) in making periodic alimony payments non-modifiable until the defendant reaches the age of sixty-two, (4) in rendering orders that required the plaintiff to remain at his present workplace until age sixty-two, and (5) in awarding attorney’s fees to the defendant. We find no error.

The facts pertinent to this appeal are as follows. The plaintiff and the defendant were married in Wassaic, New York, on March 22, 1954, and again, in another ceremony, in Hartford on April 24, 1954. At the time of the marriage, the plaintiff was a student at Trinity College and was employed part-time at Emerson Radio of Connecticut, where he and the defendant, who worked at Emerson as a secretary, first met.

Prior to his graduation in 1955 with a bachelor of science degree in mathematics, the plaintiff was offered, and subsequently accepted, a job at United Aircraft, which later became the United Technologies Corporation (UTC). He continued his education by receiving two masters degrees in mathematics and management and has since worked continually at UTC.

The defendant had completed only two years of high school at the time of the marriage but subsequently completed her high school education by attending adult evening classes at Hartford High School. She stopped working outside of the home when the couple’s first child was born in 1958. The couple had two more children, one born in 1961 and another born in 1964. The defendant’s primary responsibility was the care of the children and the family home, while the plaintiff remained the “chief breadwinner.”

Immediately after the marriage, the plaintiff became involved in various business ventures. After teaching part-time in various places, he began to invest in a series of restaurants in 1972. The plaintiff initially invested [195]*195$15,000 to $20,000 in a restaurant in Nanuet, New York, and, after selling his interest therein and doubling the return on this investment, he again invested $15,000 to $20,000 in a restaurant in Torrington. In 1978, he sold this interest and realized a profit of $20,000; he then reinvested $60,000 in the New York restaurant, known as Charlie A’s Steakhouse and described in his financial affidavit as Saturn Pub and Kosamar Properties (Saturn-Kosamar).

The defendant became involved in a small clothing design store, Milana Designs (Milana), which was located in the Hartford Civic Center. Although the plaintiff allowed the defendant the use of $3000 to start the business, he was never supportive of it, and the business has never been much of a success. The store “pays the bills” but does not even provide the defendant with a salary.

The trial court concluded that the plaintiff was the sole cause of the breakdown of the marriage. The plaintiff admitted that he became involved in an adulterous affair in 1983 and continued similar relationships thereafter. The plaintiff admitted calling his wife and children vulgar names in private and in public, and the evidence revealed that as punishment for various misbehaviors he would refuse to talk to the offending child for months at a time. The record also reveals that he encouraged at least one child to be dishonest by showing him how to switch price tags at a gift store. It also is evident from the record that despite the defendant’s belief that the marriage could be saved, the plaintiff was continually deceitful to her and was contemptuous of her ambitions, endeavors and emotional state.

I

The plaintiffs first claim of error concerns the court’s award of periodic alimony. The court’s award of periodic alimony provides that “the plaintiff shall pay peri[196]*196odie alimony to the defendant in the amount of $480 per week, starting November 14, 1986 and continuing to February 1, 1998. The $480 figure will automatically be increased on a weekly basis by a cost-of-living factor and the cost-of-living factor will be based upon 60 percent of the percentage of the gross increase which the plaintiff actually receives from his employer. The increase shall continue each year until the alimony either ceases or reduces as herein below ordered.

“AND THAT, said alimony might modify earlier than the February 1, 1998 date if on or after February 1, 1995, the plaintiff retires. Until February 1, 1995, said alimony award shall not reduce. On February 1, 1995, or after, if the plaintiff retires, the alimony shall automatically reduce to $1200 per month. Again, said reduction shall take place no sooner than February 1, 1995. The $1200 will automatically be increased annually, or monthly, but on an annual review basis, again increasing by 60 percent of the annual percentage increases that the plaintiff receives on his pension from UTC. In other words, the defendant shall receive a percentage increase equivalent to 60 percent of the plaintiff’s percentage increase.”

The parties did not have a stipulation or settlement agreement between them as to periodic alimony, and nowhere in the record does it reflect that the parties themselves had negotiated for a cost-of-living adjustment as part of an alimony award. The plaintiff contends that the trial court erred in awarding automatic increases in periodic alimony payments without requiring any showing of a change in circumstances as required by statute regarding the modification of alimony orders. We disagree.

The question raised in the first claim of error is one with which our appellate courts have not expressly dealt to date. That question is whether the trial court may [197]*197include in a periodic alimony award a future share in the spouse’s earned income should it be increased at some point in the future. We find that the trial court may make such an award.

General Statutes § 46b-821 authorizes the trial court to order alimony and to determine “the duration and the amount of the award.” The term “alimony” is not defined in the statute. Our Supreme Court, however, has often stated “that the type and amount of alimony awarded under a decree dissolving a marriage is within the sound discretion of the trial court.” (Citations omitted.) Rubin v. Rubin, 204 Conn. 224, 233, 527 A.2d 1184 (1987).

In Rubin, our Supreme Court held that an award to a spouse of a share of the other spouse’s prospective acquisition of another person’s property cannot be upheld either as a transfer of property or as alimony.2 While Rubin is factually inapposite to the present case, [198]*198the following dicta in it is most illuminating: “[W]e are not aware of any principle of law that necessarily precludes a trial court, in exercising its discretion to fashion an alimony award, from ordering a payment that is contingent upon some future event.

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Bluebook (online)
547 A.2d 89, 16 Conn. App. 193, 1988 Conn. App. LEXIS 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawler-v-lawler-connappct-1988.