Rolla v. Rolla

712 A.2d 440, 48 Conn. App. 732, 1998 Conn. App. LEXIS 222
Connecticut Appellate Court·Decided May 26, 1998·No. AC 16368·Published·Cited by 21 cases

Opinion

[733] Opinion

SCHALLER, J.

The defendant, Mario Rolla, appeals from the judgment of the trial court dissolving his marriage to the plaintiff, Marie Rolla. In his appeal, the defendant claims that the trial court improperly (1) found that the plaintiff had contributed equally to the accumulation and growth of the parties’ assets, (2) awarded the plaintiff one half of the assets owned at the time of dissolution, (3) failed to take into account the effect of federal income taxes in awarding the plaintiff one half of the assets and (4) found the value of a building owned by the plaintiff to be $2,000,000. We affirm the judgment of the trial court.

The trial court found the following facts. The parties were married on May 15, 1954, in New York City. This was a first marriage for both parties. Two children were bom of the marriage, Peter and Adrienne, both of whom have reached the age of majority. Both parties were sixty-four years of age at the time of trial.

Neither party brought any property or other financial assets to the marriage. Both parties are well educated. At the time of the marriage, the defendant had obtained a bachelor of arts degree in accounting from Pace University, and the plaintiff had earned a bachelor of arts degree in statistics from Hunter College. Shortly after their marriage, the defendant began attending law school at St. John’s University, eventually obtaining his law degree and being admitted to practice in New York. During this time, the defendant continued his full-time employment, as an accountant, and the plaintiff worked as an actuarial assistant. The plaintiff continued to work until the birth of the parties’ first child in 1957. After that, the plaintiff remained at home with the children until the early 1970s, when she returned to work on a full-time basis. She continued working until 1986 or [734]*7341987. The income from her position as an actuarial assistant was approximately $35,000 per year.

Shortly after starting his practice as an attorney, the defendant became involved in acquiring, managing and disposing of companies. By his own testimony, the defendant was a “workaholic” and, although he provided for his family financially, he spent little time involved in family activities. He traveled extensively in connection with his business enterprises, returning home at irregular intervals. As a result, the parties’ marriage gradually deteriorated.

Following the death of the defendant’s mother, the frequency with which he returned home decreased. By 1986 or 1987, he had almost completely stopped returning home. The reason given by the defendant for this situation was that the plaintiff objected to and disapproved of his business activities. During that time, the plaintiff began to suffer from health problems, including migraine headaches, and was often under the care of physicians.

In 1986 or 1987, the plaintiff asked the defendant, and he agreed, to sign a document that she had drafted, which would entitle her to one half of his assets in the event of a divorce. That document provided that the defendant agreed to give the plaintiff, at the time of their divorce, one half of the value of all the assets of the companies in which he was then involved. In addition, the document provided that one half of the defendant’s pension and moneys in bank accounts should also become the property of the plaintiff. The document also provided that if the defendant had failed to address certain issues, he agreed to submit all necessary details, papers, moneys, stock certificates and other documentation to the plaintiff.

Thereafter, the defendant conveyed to the plaintiff, in fee simple, the family condominium in Greenwich, [735] where the parties had lived since 1982. The defendant valued his 50 percent interest in the condominium at $300,000. He also conveyed to the plaintiff a commercial building, on which there was a long-term lease that would provide the plaintiff with annual net rental income of $200,000. After that transaction was completed, the plaintiff accepted the defendant’s absence from the home and began to work on a part-time basis at a local library. In 1992, upon learning that the defendant had been involved in relationships with other women, the plaintiff brought this action for divorce, in which she alleged that the marriage had broken down irretrievably.

On August 5, 1996, the trial court rendered judgment dissolving the marriage. The trial court found the cause of the breakdown to be a combination of the defendant’s frequent absences from home for extended periods, and the plaintiffs objections to the defendant’s work and business enterprises. Thus, the court found that the defendant was primarily, but not entirely, responsible for the breakdown of the marriage. The trial court further found that both parties contributed equally to the marital estate and to the marriage, and had entered into an agreement in 1986 or 1987 to divide the assets equally in the event of a divorce.

The trial court found that the total marital assets as of the date of dissolution amounted to $18,304,4111 and the plaintiffs portion was $4,168,411. The court ordered the defendant to contribute $4,983,794.50 to the plaintiff [736] so that after the contribution, each would have $9,152,205.50, or one half of the marital assets. The court ordered the defendant to pay one half of this amount within three months of the issuance of the judgment and the balance within three months thereafter.

On September 24, 1996, the defendant filed a motion for articulation with the trial court, seeking guidance as to whether the court’s order would permit the transfer of assets other than money having a present value equal to the amount provided for in the court’s order, and as to how securities held in both parties’ names were to be allocated. On December 18, 1996, the court issued a decision on that motion, specifying that its decision did not contemplate the defendant’s transferring assets in kind and that the defendant was to choose the means by which he would comply with the court’s order. With respect to the securities held in the names of both parties, the court ordered that they be divided equally between the parties.2

I

The defendant first claims that the trial court improperly found that the parties contributed equally to the accumulation and growth of the assets held by the parties as of the date of the dissolution. General Statutes § 46b-813 provides several factors that the court must [737] consider in fixing the nature and value of the property to be assigned from one spouse to the other. One factor is the “contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates.”

Free access — add to your briefcase to read the full text and ask questions with AI

Rolla v. Rolla, 712 A.2d 440, 48 Conn. App. 732, 1998 Conn. App. LEXIS 222 (Colo. Ct. App. 1998).

712 A.2d 440 (Rolla v. Rolla) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

O'Brien v. O'Brien
Connecticut Appellate Court, 2015
Maturo v. Maturo
995 A.2d 1 (Supreme Court of Connecticut, 2010)
Radcliffe v. Radcliffe
951 A.2d 575 (Connecticut Appellate Court, 2008)
Divito v. Divito
822 A.2d 294 (Connecticut Appellate Court, 2003)
Fils-Aime v. Fils-Aime, No. Fa00 0179920 S (Oct. 23, 2002)
2002 Conn. Super. Ct. 13415 (Connecticut Superior Court, 2002)
Glassman v. Glassman, No. Fa00-0176866 S (Oct. 10, 2002)
2002 Conn. Super. Ct. 12854 (Connecticut Superior Court, 2002)
Michaelis v. Michaelis, No. Fa01 0183300 S (Aug. 20, 2002)
2002 Conn. Super. Ct. 10487 (Connecticut Superior Court, 2002)
Kiniry v. Kiniry
803 A.2d 352 (Connecticut Appellate Court, 2002)
Powers v. Powers, No. Fa00 0180577 S (Jul. 24, 2002)
2002 Conn. Super. Ct. 9310 (Connecticut Superior Court, 2002)
Watson v. Watson, No. Fa00 0177300 S (Jun. 19, 2002)
2002 Conn. Super. Ct. 7834 (Connecticut Superior Court, 2002)
Varrone v. Varrone, No. Fa00-0159739s (Jun. 7, 2001)
2001 Conn. Super. Ct. 7886 (Connecticut Superior Court, 2001)
Rizzardi v. Rizzardi, No. Fa99-033 70 68 S (May 22, 2001)
2001 Conn. Super. Ct. 6648 (Connecticut Superior Court, 2001)
Porter v. Porter
769 A.2d 725 (Connecticut Appellate Court, 2001)
Wendt v. Wendt
757 A.2d 1225 (Connecticut Appellate Court, 2000)
Benedetto v. Benedetto, No. Fa94 033 47 28 S (Aug. 29, 2000)
2000 Conn. Super. Ct. 10615 (Connecticut Superior Court, 2000)
Grosso v. Grosso
758 A.2d 367 (Connecticut Appellate Court, 2000)
Wilkes v. Wilkes
738 A.2d 758 (Connecticut Appellate Court, 1999)
State v. Hernandez
736 A.2d 137 (Connecticut Appellate Court, 1999)
Bepler v. Bepler, No. Fa96 0154815 S (Sep. 17, 1998)
1998 Conn. Super. Ct. 10102 (Connecticut Superior Court, 1998)
Rolla v. Rolla
717 A.2d 237 (Supreme Court of Connecticut, 1998)