McMellon v. McMellon

976 A.2d 1, 116 Conn. App. 393, 2009 Conn. App. LEXIS 346
CourtConnecticut Appellate Court
DecidedAugust 11, 2009
DocketAC 29593
StatusPublished
Cited by11 cases

This text of 976 A.2d 1 (McMellon v. McMellon) 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
McMellon v. McMellon, 976 A.2d 1, 116 Conn. App. 393, 2009 Conn. App. LEXIS 346 (Colo. Ct. App. 2009).

Opinion

*394 Opinion

MIHALAKOS, J.

In this marital dissolution action, the defendant, William McMellon, appeals from the judgment of the trial court with respect to the court’s financial orders. The defendant claims that the court improperly awarded (1) lifetime alimony to the plaintiff and (2) $15,000 in attorney’s fees. We affirm the judgment of the trial court.

The following facts, as found by the court, are relevant for our consideration of the appeal. The parties married on August 31, 2001, in San Jose, California. No minor children were bom of the marriage. In April, 2005, the couple purchased the marital home in Bran-ford using as the down payment proceeds from the sale of the plaintiffs condominium and an inheritance that the plaintiff had received. The plaintiff is employed full-time as a certified nurse’s assistant. The defendant was unemployed during the entire marriage due to an injury he received while previously working as an electrician. The defendant receives social security disability payments, workers’ compensation benefits, a pension and rental income. Both parties have retirement accounts. The dissolution proceeding was tried on December 7 and 12, 2007, and the court ordered the dissolution of the marriage and distribution of the parties’ assets, awarding to the plaintiff $325 per week in lifetime alimony, a cash award of $100,000 and $15,000 in attorney’s fees. This appeal followed.

We start with our well established standard of review. “An appellate court will not disturb a trial court’s orders in domestic relations cases unless the court has abused its discretion or it is found that it could not reasonably conclude as it did, based on the facts presented. . . . In determining whether a trial court has abused its broad discretion in domestic relations matters, we allow every reasonable presumption in favor of the *395 correctness of its action. . . . Appellate review of a trial court’s findings of fact is governed by the clearly erroneous standard of review. The trial court’s findings are binding upon this court unless they are clearly erroneous in light of the evidence and the pleadings in the record as a whole. ... A finding of fact is clearly erroneous when there is no evidence in the record to support it ... or when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed. . . .

“A fundamental principle in dissolution actions is that a trial court may exercise broad discretion in awarding alimony and dividing property as long as it considers all relevant statutoiy criteria. ... In reviewing the trial court’s decision under [an abuse of discretion] standard, we are cognizant that [t]he issues involving financial 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.” (Citation omitted; internal quotation marks omitted.) Rubenstein v. Rubenstein, 107 Conn. App. 488, 493-94, 945 A.2d 1043, cert. denied, 289 Conn. 948, 960 A.2d 1037 (2008). With this standard in mind, we now turn to the defendant’s claims.

I

The defendant first claims that the court abused its discretion when it awarded lifetime alimony to the plaintiff. Specifically, the defendant argues that the record contained insufficient evidence to support an award of lifetime alimony when the plaintiff was earning more than she ever had previously and when the marriage only lasted for six years. We disagree.

“Trial courts are vested with broad and liberal discretion in fashioning orders concerning the type, duration and amount of alimony and support, applying in each *396 case the guidelines of the General Statutes. . . . General Statutes § 46b-82 describes factors a court should consider in its decisions regarding alimony. The court must consider all of these criteria. ... It need not, however, make explicit reference to the statutory criteria that it considered in making its decision or make express finding[s] as to each statutory factor. . . . Nor need it give each factor equal weight.” (Citation omitted; internal quotation marks omitted.) Rubenstein v. Rubenstein, supra, 107 Conn. App. 495.

On appeal, the defendant’s argument against lifetime alimony focuses on two claims: (1) the fact that the plaintiff was earning more than she ever had previously and (2) the duration of the parties’ marriage. As to the plaintiffs earnings, the court only needs to look at the income of the parties as one of the numerous statutory factors it must consider. The court, however, is not required to consider a party’s current income in comparison to the party’s previous income; it is at the court’s discretion. See Vandal v. Vandal, 31 Conn. App. 561, 566, 626 A.2d 784 (1993) (“[i]n marital dissolution proceedings, under appropriate circumstances the trial court may base financial awards on the earning capacity rather than the actual earned income of the parties” [emphasis added; internal quotation marks omitted]). As to the duration of the marriage, we interpret this argument as an invitation to articulate a bright line rule as to how long a marriage must last for one party to be entitled to lifetime alimony. We decline that invitation. Instead, we must simply determine whether the court abused its discretion by granting an award of lifetime alimony on the basis of its findings as to the statutory factors enumerated in § 46b-82. We conclude that the court did not abuse its discretion.

General Statutes § 46b-82 provides in relevant part: “In determining whether alimony shall be awarded, and the duration and amount of the award, the court shall *397 hear the witnesses, if any, of each party, except as provided in subsection (a) of section 46b-51, 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, vocational skills, employability, estate and needs of each of the parties and the award, if any, which the court may make pursuant to section 46b-81 . . . .”

“General Statutes § 46b-82 describes circumstances under which a court may award alimony. The court is to consider these factors in making an award of alimony, but it need not give each factor equal weight. ... As long as the trial court considers all of these statutory criteria, it may exercise broad discretion in awarding alimony.” (Internal quotation marks omitted.) Hughes v. Hughes, 95 Conn. App. 200, 210, 895 A.2d 274, cert. denied, 280 Conn. 902, 907 A.2d 90 (2006).

In the present case, in its memorandum of decision, the court articulated that all of the evidence was considered, as well as the provisions of General Statutes §§ 46b-62,46b-81 and 46b-82.

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Bluebook (online)
976 A.2d 1, 116 Conn. App. 393, 2009 Conn. App. LEXIS 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmellon-v-mcmellon-connappct-2009.