Smith v. Smith

752 A.2d 1023, 249 Conn. 265, 1999 Conn. LEXIS 178
CourtSupreme Court of Connecticut
DecidedJune 15, 1999
DocketSC 15978
StatusPublished
Cited by94 cases

This text of 752 A.2d 1023 (Smith v. Smith) 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
Smith v. Smith, 752 A.2d 1023, 249 Conn. 265, 1999 Conn. LEXIS 178 (Colo. 1999).

Opinion

Opinion

KATZ, J.

The defendant, Sheilah T. Smith, appeals and the plaintiff, Prentice K. Smith, Jr., cross appeals1 from the judgment of the trial court dissolving the parties’ marriage, ordering child support, ordering dual alimony pursuant to General Statutes § 46b-82,2 and [267]*267ordering a property distribution pursuant to General Statutes § 46b-81.3 The issues to be decided on appeal are whether: (1) the trial court, pursuant to § 46b-81, properly retained continuing jurisdiction over the present case in order to have the authority to divide the plaintiffs interest in any family trust (Smith family trust), if ever he is found to hold such an interest; (2) the trial court properly awarded dual alimony pursuant to § 46b-82;4 (3) the terms and conditions of the alimony [268]*268ordered by the trial court constitute an abuse of discretion; and (4) the trial court abused its discretion in awarding the plaintiff $75,000 of the defendant’s $275,000 settlement award that she had received from a former employer.5 We affirm in part and reverse in part the judgment of the trial court.

The trial court’s findings may be summarized as follows. The parties were married on October 20, 1984. That same year they jointly bought a house on Grahampton Lane in Greenwich. The marriage was the plaintiffs second and the defendant’s first. The parties have two children: a daughter, born July 25, 1986; and a son, bom December 12, 1987.6 At the time of the dissolution, the plaintiff was forty-seven years old and the defendant was forty-six years old. They are both in good health. The plaintiff holds a bachelor of arts degree from the University of Denver. The defendant, in addition to having attended two years of graduate school at Columbia University, holds a bachelor of arts degree from Northwestern University.

The plaintiff has held numerous positions in the field of finance during the last twenty years. At the time of the parties’ marriage, he was selling securities in New York City. In 1986, he left that position to become a partner in an investment firm. Two years later, in the wake of the 1987 stock market crash, he was discharged [269]*269from the firm. Between 1983 and 1988, the defendant worked at Willow Development (Willow), a real estate development business. She, too, was laid off as a result of the post-October, 1987 economic downturn. While both were unemployed, the parties sold their Grahampton Lane house, realizing a net profit of $800,000, which they divided evenly. The trial court found that this distribution equally divided their then marital estate.

In the spring of 1990, after being unemployed for more than one year, the plaintiff moved with his family to Philadelphia to start his own financial company. Within two years, however, the company had failed and the defendant and the two children moved back to Greenwich. The plaintiff soon rejoined them in Connecticut. Upon returning to Greenwich with the two children, the defendant rented a home pursuant to a two year lease. In 1994, she bought land on Fairfield Road in Greenwich and began to build a house on it. The defendant and the two children eventually moved into their new house, where they were still residing at the time of trial. Although upon his return to Connecticut the plaintiff lived with his wife and children in the leased house, he has never resided in the house on Fairfield Road.

In 1992, the defendant began working as a mortgage broker at Columbia Equities. Within a short period of time she moved from Columbia Equities to People’s Bank, where she became a mortgage broker working on a commission basis. The defendant’s income has increased greatly since she first began as a broker. Her 1997 W-2 forms indicated gross earnings of more than $270,000. In contrast, since returning to Connecticut in 1992, the plaintiff has worked sporadically at numerous financial jobs. Consequently, his income has varied dramatically. His most recent positions were located in Eastern Europe.

[270]*270The trial court concluded that the plaintiffs financial actions and inactions, along with his failure to recognize that the defendant had taken on the yoke of the family’s financial burdens since 1988, caused the irretrievable breakdown of the marriage. The court further found that the plaintiff had not been forthcoming concerning his financial affairs and earning capacity during the pendente lite proceedings. Nevertheless, the court determined that the plaintiff had an annual earning capacity of $100,000. The trial court further found that the plaintiffs financial affidavit showed a zero net worth, while the defendant’s affidavit reflected assets worth $781,000, and liabilities of $48,250. The court concluded that the defendant had acquired all of her assets through her own efforts and investments, with the exception of $275,000 that she received in settlement of a lawsuit against Willow.7

The trial court awarded custody of the minor children to the defendant, and granted reasonable visitation rights to the plaintiff. Additionally, the court ordered the plaintiff to pay the defendant $240 per week in child support, and $1 per year in alimony until September 30, 2007, or until the defendant’s remarriage, whichever occurs first. The court also ordered the defendant to pay the plaintiff $400 per month in alimony until December 31, 2005.

The court further ordered the defendant to pay the plaintiff $75,000,8 which the court found to be the plaintiffs equitable share of the $275,000 settlement, on an after tax basis. Having determined that the $275,000 was a marital asset as of 1990, when the parties equally [271]*271divided their assets, the court reasoned that the plaintiff had acquired the right to an equitable share of approximately four fifths of this sum because the defendant’s claim had arisen from her employment from 1984 through 1988, and the parties had been married for four of those five years.9 Lastly, the court retained continuing jurisdiction until September 30, 2007, over any interest the plaintiff may be determined to have in any Smith family trust, so that the court would be able to divide that asset as property should such an interest ever materialize.10

In their appeals, both parties raise the following issues: (1) whether the trial court, pursuant to § 46b-81,11 properly retained continuing jurisdiction over the present case in order to have the authority to divide the plaintiff’s interest in any Smith family trust if ever he is found to hold such an interest; and (2) if the court did not properly retain jurisdiction, whether the court’s improper order requires a new trial. The defendant raises three additional issues: (1) whether the trial court had statutory authority to order dual alimony pursuant to § 46b-82;12 (2) whether the terms and conditions of the alimony orders constitute an abuse of discretion by the trial court; and (3) whether the trial court abused its discretion in awarding the plaintiff $75,000 of the defendant’s $275,000 settlement award from Willow.

I

Courts generally resolve issues concerning subject matter jurisdiction before considering the merits of the [272]*272parties’ claims. See, e.g., W. v.

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Cite This Page — Counsel Stack

Bluebook (online)
752 A.2d 1023, 249 Conn. 265, 1999 Conn. LEXIS 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-smith-conn-1999.